TAIWAN Law and Practice Contributed by: Yafen Lin, Peng-Kwang Chen, I-Ming Chen and Weiyu Chiang, Formosa Transnational Attorneys at Law
Time There are no official statistics in respect of the time taken to enforce arbitral awards. It usually takes two to three months to get a decision on a petition for an order to confirm/recognise/enforce an arbitral award. 4.6 Challenging Enforcement of Arbitral Awards After an award is rendered, the losing party may bring an action in the district court to set aside the arbitral award. If the losing party seeks to set aside the award, the court may, upon that party’s application and the provision of adequate security, stay enforcement of the arbitral award. Pursuant to Article 40 of the Taiwan Arbitration Law, an award may be set aside on the following grounds: • any circumstances stated in Article 38 of the same Act (ie, the reasons for denying a petition for an order to enforce a domestic arbitral award as described in 4.3 Categories of Arbitral Awards Not Enforced ); • the arbitration agreement is nullified, invalid or has yet to come into effect or has become invalid prior to the closure of the arbitral proceedings; • the arbitral tribunal fails to give any of the parties an opportunity to present their case prior to the closure of the arbitral proceedings, or where any of the parties is not lawfully represented during the arbitral proceedings;
• the composition of the arbitral tribunal or the arbitral proceedings is contrary to the arbitration agreement or the law; • an arbitrator fails to disclose the matters pre - scribed by Article 15 (2) of the Taiwan Arbitration Law (recusal and conflict of interest), or other mat - ters that could cause a party to believe that there is a likelihood that the arbitrator cannot exercise independent judgment or is biased, or has been requested to withdraw but continues to participate in the proceedings, provided that the request for withdrawal has not been denied by the court; • an arbitrator violates any duty in the arbitration and such violation is attributed to criminal conduct; • a party or any representative has committed a criminal offence in relation to the arbitration; • the arbitral award is based on any evidence or translation that has been forged or fraudulently altered or contains any other misrepresentations; or • the arbitral award is based on a criminal, civil, or other kind of judgment or administrative ruling that has been reversed or modified by a subsequent judgment or administrative ruling.
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