TAIWAN Law and Practice Contributed by: Jui-Hua Fan, Hsiang-Yang Hsieh, Chia-Hsin Wu, Chi-Ying Lee and Jin-Han Hsieh, Formosa Transnational Attorneys At Law
for interest of 5% per annum from a designated date (usually the date that the defendant receives the copy of the plaintiff’s complaint) until the full settlement of the compensation.
The court will scrutinise the following factors acknowl - edged by the precedents: • the likelihood of the petitioner to prevail in the litigation; • the severity of the irremediable harm suffered by each party due to the grant of the injunction; • the degree of loss and damage to each party; and • the impact on public interest When hearing a motion for injunctive relief, courts will notify the opposing parties and request the oppos - ing parties to make comments on the motion. Injunc - tive relief can be obtained without notice and with no chance for comments from the opposing party only in the exceptional case where the petitioner can produce evidence showing the court that the opposing party should not be aware of the motion for injunction until it is granted. Courts will usually render orders upon a motion for injunction within one or two months. The moving party will be responsible for any injuries that the opposing party suffers due to an injunction in situations where the injunction is later considered ungrounded by courts in ordinary lawsuit proceed - ings. 10.2 Alternative Dispute Resolution Alternative dispute resolutions are available but not mandated for antitrust cases. In both civil and admin - istrative lawsuit proceedings, parties may settle the cases with the involvement of courts. In administrative lawsuit proceedings, where the TFTC is a party, alternative dispute resolution is available only in extremely exceptional cases and is thus de facto unavailable.
9. Liability and Contribution 9.1 Joint and Several Liability
Under Taiwanese law, when a tortious activity is com - mitted with the involvement of multiple persons, then those persons will be held jointly and severally liable for the tortious activity. While the TFTA allows the TFTC to reduce administra - tive penalties when a member of a concerted action directly reports to the TFTC and helps the TFTC to investigate the concerted action, such leniency does not prevent this reporting member from being sued by any person injured by a concerted action. 9.2 Contribution When multiple parties are held jointly and severally liable for a certain tortious activity, the internal share of the joint and several liability will be determined in accordance with the proportion of their contribution to the tortious activity and to the resulting injuries. In a situation where the parties are held jointly and severally liable for a certain tortious activity consider that there is a third party who also caused the same tortious conduct and/or the resulting injuries, the par - ties may file a lawsuit to request the third party to contribute a certain share of the joint liability. 10. Other Remedies 10.1 Injunctions Injunctive relief is available in both administrative and civil antitrust litigation. To obtain an injunction, the moving party will have to establish facts showing that the injunction is neces - sary to prevent the moving party from suffering severe and irremediable harm.
11. Funding and Costs 11.1 Litigation Funding
Private litigation funding is prohibited in Taiwan. Public (government-sponsored) funding is available in certain fields as specified by special laws and regulations.
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