Guide to Regional Arbitration (volume 8 - 2020)

Chinese Arbitration Association, Taipei

Chinese Arbitration Association, Taipei

Professional notice

With a vision to promote arbitration and ADR in the Asia-Pacific region, the Chinese Arbitration Association, Taipei (CAA) and the CAA International Arbitration Centre (CAAI) provide quality and trustworthy services with a particular emphasis on the resolution of cross-border disputes involving Chinese and/or Taiwanese elements.

CAA and CAAI

Established in 1955, the CAA is the oldest non-governmental and non-profit arbitral institution in Taiwan. With a wealth of experience in providing arbitration services, the CAA has long been contributing to and leading the development of ADR in Taiwan. Its Mediation Center was established in 2003, followed by other dispute resolution mechanisms such as dispute review boards (DRB) and dispute adjudication boards (DAB). The CAA chair (currently Professor Dr Fuldien Li) oversees the daily operations of the CAA secretariat, with assistance from specialist committees for appointment, arbitrator registration, ethics, fee determination, legal research and training, etc.

To adapt to developments and demands in international arbitration, especially in the Asia-Pacific region, the CAA has established its foreign branch office, the CAAI, registered in Hong Kong as a not-for-profit company limited by guarantee since 2018. The CAAI specialises in cross-border arbitrations seated outside Taiwan, as well as bilingual arbitrations in Mandarin Chinese and English. The CAAI Court of Arbitration has been established to engage the worldwide expertise and experiences of its members. As a neutral and independent body overseeing compliance with the CAAI Arbitration Rules, the CAAI Court will convene and decide on certain procedural issues to enhance the impartiality, efficacy and enforceability of CAAI arbitrations and awards.

Arbitration Rules

Through the establishment of the CAAI and the launch of the CAAI Arbitration Rules, the CAA-CAAI dual-track system of arbitration means that arbitrations seated in Taiwan are administered by the CAA under CAA Arbitration Rules, while those seated outside Taiwan are administered by the CAAI under CAAI Arbitration Rules.

The CAAI Arbitration Rules represent a modified adoption and reflection of international standards and trends. Their distinctive features seek to (re)balance and ensure party autonomy, impartiality and efficiency. These include: double time limits on closure of proceedings and award-making; a three-tiered approach to language and seat of arbitration; a streamlined approach to emergency and interim measures; a harmonised approach to the initial commencement of single arbitration for multiple contracts; and the subsequent consolidation of arbitrations.

Arbitrators and users

The CAA has 900-plus registered arbitrators and 140-plus mediators from Taiwan and abroad. The CAAI further developed a new and separate registry of the CAAI arbitrators after inviting lawyers, scholars and experts from all sectors, nations and generations, with a special emphasis on Mandarin Chinese and skills in handling bilingual or cross-border disputes.

The quality and diversity of the CAA and the CAAI arbitrators, together with the dual-track system, are particularly suitable for potential users involved in transactions or disputes with either Chinese-speaking parties, or other Chinese and/or Taiwanese elements. As neutral and professional arbitral institutions for the Asia-Pacific region and beyond, the CAA and the CAAI continue to help parties to resolve disputes effectively and efficiently by aligning with international standards and practices while accommodating the parties’ specific needs.

International involvement

The CAA has cooperative arrangements regarding information exchange, recommendation of mediators/arbitrators, facility assistance, etc, with 30 institutions in Europe, America, Asia and Africa. The CAA is also a member of the Asia Pacific Regional Arbitration Group and the International Council for Commercial Arbitration, and an associate member of the International Federation of Asian and Western Pacific Contractors’ Associations.

The CAA and the CAAI have continuously and actively held conferences, seminars and other events within and outside Taiwan. These include the Taipei Symposium on International Arbitration Rules, the annual CAA-CIETAC Conference on Cross-Strait Economic and Trade Arbitration and the annual Taipei International Conference on Arbitration and Mediation, as well as contributions to the biannual peer-reviewed Contemporary Asia Arbitration Journal, in collaboration with Asian Center for WTO & International Health Law and Policy at the National Taiwan University College of Law.

Floor 14
376 Renai Road
Section 4
Taipei, Taiwan 106
Tel: +886 2 2707 8672
Fax: +886 2 2707 8462
[email protected]

Fuldien Li
Fuldien Li
Chairman

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