Guide to Regional Arbitration (volume 7 - 2019)

Chinese Arbitration Association, Taipei

Chinese Arbitration Association, Taipei

Professional notice

With a vision to promote arbitration and ADR in the Asia-Pacific region, the CAA (Chinese Arbitration Association, Taipei) and the CAAI (CAA International Arbitration Centre) provide quality and trustworthy services, especially for resolving disputes involving Chinese and/or Taiwanese elements.

The CAA and the CAAI

The CAA was established in 1955, and is the oldest non-governmental and non-profit arbitral institution in Taiwan. With a wealth of experiences in providing arbitration services, the CAA has long been contributing to and leading the development of alternative dispute resolution in Taiwan. Its Mediation Centre was established in 2003, followed by other dispute resolution mechanisms such as the Dispute Review Board and the Dispute Adjudication Board. The CAA chairperson (currently Prof Dr Fuldien Li) oversees the daily operations of the CAA Secretariat, with assistance from specialised committees for appointment, arbitrator registration, ethics, fees determination, law research and training, etc.

To adapt to developments and demands in international arbitration, particularly in the Asia-Pacific region, the CAA began to establish its foreign branch office, the CAAI. With its preparatory office established in Taipei in 2017, the CAAI will be registered in Hong Kong as a separate entity, specialising in cross-border arbitrations seated outside Taiwan, as well as bilingual arbitrations in Mandarin Chinese and English. The CAAI Court of Arbitration will be constituted to engage the worldwide expertise and experiences of its members. It will convene and decide on certain procedural issues to enhance the impartiality, efficacy and enforceability of CAAI arbitrations and awards.

The Arbitration Rules

With the establishment of the CAAI Preparatory Office and the launch of the CAAI Arbitration Rules, the dual-track system for the CAA and the CAAI commenced in July 2017. The CAA Arbitration Rules continue to apply to arbitrations seated in Taiwan, while the CAAI Arbitration Rules apply to arbitrations seated outside Taiwan.

The CAAI Arbitration Rules represent a modified adoption and reflection of international standards and trends. Their distinctive features seek to balance and ensure party autonomy, impartiality and efficiency. They 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 measures and interim measures; and 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 approximately 990 registered arbitrators and 110 mediators from Taiwan and abroad. The CAAI is currently developing a new and separate registry of CAAI arbitrators by inviting lawyers, scholars and experts from all sectors, nations and generations, with special emphasis on Mandarin Chinese and skills in handling bilingual or cross-border disputes.

The quality and diversity of the CAA and CAAI arbitrators, together with the dual-track system are particularly suitable for potential users involved in transactions or disputes with 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 assist 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 with 29 institutions in Europe, America, Asia and Africa. It is also a member of the Asia Pacific Regional Arbitration Group and associate member of the International Federation of Asian and Western Pacific Contractors’ Associations. Furthermore, the CAA has signed a memorandum of understanding with the Chartered Institute of Arbitrators (CIArb) to administer accelerated courses and host other events through CIArb East Asia Branch Taiwan Chapter.

The CAA and the CAAI have continuously and actively held conferences, seminars and other events within and outside Taiwan. These include the annual Taipei International Conference on Arbitration and Mediation, together with the biannual peer-reviewed Contemporary Asia Arbitration Journal, in collaboration with the Asian Center for WTO & International Health Law and Policy, 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 - Chairman

Fuldien Li

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