Guide to Regional Arbitration (volume 9 - 2021)

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 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 service covers arbitration, mediation, dispute review boards and dispute adjudication boards. Currently, the CAA is leading another round of the Arbitration Law’s revision. The revision aims to make Taiwan a model law jurisdiction and to bridge the gap between domestic and international practice. At the time of writing, the CAA held the first public hearing for its draft bill and received positive feedback.

The CAA chair (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 established its foreign branch office, the CAAI, registered in Hong Kong as a not-for-profit company limited by guarantee in 2018. The CAAI specialises in cross-border arbitrations seated outside Taiwan, as well as bilingual arbitrations in Mandarin Chinese and English. CAAI arbitrations are administered by the secretariat, with the CAAI Court of Arbitration overseeing compliance with the CAAI Arbitration Rules and deciding on certain procedural issues. In 2019, CAAI administered its first arbitration case involving emergency arbitrator proceedings and complex procedural law issues, which demonstrated the efficacy and efficiency of the CAAI arbitrations.

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 arbitration seated in Taiwan is administered by the CAA under CAA Arbitration Rules, while arbitration seated outside Taiwan is 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; and a harmonised approach to complex arbitration.

Arbitrators and users

The CAA has over 900 registered arbitrators and over 140 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 crossborder 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.

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 member of arbitral institution groups, such as the Asia Pacific Regional Arbitration Group and the International Council for Commercial Arbitration. In 2020, joining the collective response of international arbitration communities to the covid-19 pandemic, the CAA actively offered its newly upgraded videoconferencing and virtual hearing facilities to support arbitration administered by the sister organisations.

The CAA and the CAAI have continuously held conferences, seminars and other events. Most notably, the CAA and the Taiwan Bar Association co-hosted the 2020 Taiwan Arbitration Week in October, a new flagship event for Taiwan’s arbitration community. The next Taiwan Arbitration Week will open for participants from all over the world and will incorporate the long-standing annual Taipei International Conference on Arbitration and Mediation as part of the event.

 Floor 14
376 Renai Road
Section 4
Taipei, Taiwan 106

Tel: +886 2 2707 8672
Fax: +886 2 2707 8462
Email: [email protected]
Web: www.arbitration.org.tw

Fuldien Li
Fuldien Li
Chairman

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