Guide to Regional Arbitration (volume 10 - 2022)
Chinese Arbitration Association (Taipei)
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.
Established in 1955, the CAA is one of the oldest arbitral institutions in Asia. 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.
The CAA’s draft amendment to Taiwan’s arbitration law, a draft that follows the format of the UNCITRAL Model Law and aims to bridge the gap between domestic and international practice, has been presented to the relevant government authorities of Taiwan. Once the draft is adopted by the parliament, Taiwan will become a true Model Law jurisdiction.
In addition to law reform, the CAA established its independent Court of Arbitration in October 2021 to reinforce legitimacy, transparency, efficiency and professionalism in conducting arbitration.
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 arbitration seated outside Taiwan, as well as bilingual arbitration in Mandarin Chinese and English. CAAI arbitration is administered by the secretariat, with the CAAI Court of Arbitration overseeing compliance with the CAAI Arbitration Rules and deciding on certain procedural issues.
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 1000 registered arbitrators and over 170 mediators from Taiwan and abroad. The CAAI further developed a new and separate registry of 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.
Armed with the newly established CAA Court of Arbitration, and the quality and diversity of the arbitrators, the CAA and the CAAI are particularly suitable for potential users involved in transactions or disputes with either Chinese-speaking parties or other Chinese and/or Taiwanese elements.
The CAA has cooperative arrangements regarding information exchange, recommendation of mediators/arbitrators, facility assistance, etc, with 35 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. Since joining the collective response of international arbitration communities to the covid-19 pandemic, the CAA has actively offered its newly upgraded videoconferencing and virtual hearing facilities to support arbitration administered by 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 2021 Taiwan Arbitration Week in October 2021, which incorporated the long-standing annual Taipei International Conference on Arbitration and Mediation as part of the event. These conferences and events were valued by participants from all over the world.