Lex Mundi Global Arbitration Institutions Guide |
|
Taiwan |
|
| (Asia Pacific) Firm Tsar & Tsai Law Firm Updated 29 Oct 2018 | |
| Name of Arbitral Institution; with abbreviation, if any. | There are totally 6 arbitral institutions, but the most popular one is the Chinese Arbitration Association, Taipei ("CAA") |
| Where is the seat of the Arbitral Institution? | The seat of CAA is Taipei. |
| Is there an umbrella organization for the Arbitral Institution? | No. |
| How is the Arbitral Institution structured? | CAA has a board of directors and a board of supervisors. But the significant matters will be decided by the members' meeting. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | No. |
| What is the amount of the registration fee? | No. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Around USD 9000. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Around USD 55,000 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Around USD 500,000. |
| Who pays advances on costs? What happens in the event of default? | The claimant shall pay advances on costs. If the claimant fails to advance the cost upon request, the claimant's application for arbitration will be dismissed. The costs will be eventually borne by the party who loses the arbitration. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | Yes. CAA ARBITRATION RULES. |
| Which languages can be used for communication with the Arbitral Institution? | Chinese and English. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The department of secretary. |
| Are there restrictions on the language that the arbitration may be conducted in? | No. Arbitration could be conducted in a language mutually agreed upon by both parties. |
| Who appoints substitute arbitrators? | The parties. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | No. |
| Are oral hearings compulsory? | Yes. |
| What are common evidence-taking practices? | The parties bear the burden to prove their claims, but may motion to the arbitral tribunal for ordering the opposing party or third parties to submit physical or documentary evidence or calling witnesses to testify before the arbitral tribunal. |
| What is the average duration of arbitration proceedings? | 6-9 months. |
| What is the timeframe for rendering the award? | The arbitral award will be rendered in 6-9 months after the arbitral tribunal is formed. |
| Are extensions to time limits permissible? | The arbitral award will be rendered in 6 months after the arbitral tribunal is formed, but could be extended for another 3 months if necessary. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | No. |
| Do the institutional rules provide for an emergency arbitrator? | No. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | No. But if the case is categorized as a simplified case or both parties agree to be subject to the simplified procedure, an arbitral award will have to be rendered in 3 months, as opposed to 6-9 months in an ordinary case. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | No. |
| Do costs necessarily follow the event? | No. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes. The reasons for annulment are different from the reasons for the denial of enforcement set out in the New York Convention. |
| Link to institutional rules | |
| Link to model clause |
Lex Mundi Global Arbitration Institutions Guide
There are totally 6 arbitral institutions, but the most popular one is the Chinese Arbitration Association, Taipei ("CAA")
The seat of CAA is Taipei.
No.
CAA has a board of directors and a board of supervisors. But the significant matters will be decided by the members' meeting.
No.
No.
No.
Around USD 9000.
Around USD 55,000
Around USD 500,000.
The claimant shall pay advances on costs. If the claimant fails to advance the cost upon request, the claimant's application for arbitration will be dismissed. The costs will be eventually borne by the party who loses the arbitration.
Yes. CAA ARBITRATION RULES.
Chinese and English.
The department of secretary.
No. Arbitration could be conducted in a language mutually agreed upon by both parties.
The parties.
No.
Yes.
The parties bear the burden to prove their claims, but may motion to the arbitral tribunal for ordering the opposing party or third parties to submit physical or documentary evidence or calling witnesses to testify before the arbitral tribunal.
6-9 months.
The arbitral award will be rendered in 6-9 months after the arbitral tribunal is formed.
The arbitral award will be rendered in 6 months after the arbitral tribunal is formed, but could be extended for another 3 months if necessary.
No.
No.
No. But if the case is categorized as a simplified case or both parties agree to be subject to the simplified procedure, an arbitral award will have to be rendered in 3 months, as opposed to 6-9 months in an ordinary case.
No.
No.
Yes. The reasons for annulment are different from the reasons for the denial of enforcement set out in the New York Convention.