TAIWAN Law and Practice Contributed by: Yafen Lin, Peng-Kwang Chen, I-Ming Chen and Weiyu Chiang, Formosa Transnational
4.5 Costs and Time Taken to Enforce Arbitral Awards Costs Application for a confirmation/recognition/ enforcement order To apply for confirmation/recognition/enforcement of an arbitral award, one must pay the district court the non-litigation fee as described in 3.5 Costs and Time Taken to Enforce Foreign Judgments . Enforcement of arbitral awards The cost of enforcement of an arbitral award is 0.8% of the sum to be enforced. 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 Post-award, a losing party may file an action in a dis - trict court to set aside an arbitral award. In the event that a losing party seeks to set aside an arbitral award, the court may grant a petition by that party to suspend the enforcement of the arbitral award once the party has provided adequate security. 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;
sory enforcement procedures. For further details, see 4.1 Legal Issues Concerning Enforcement of Arbitral Awards . Arbitral Awards From China Pursuant to Article 68 of the Enforcement Rules for the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area, before apply - ing for recognition in a Taiwanese court, a Chinese arbitral award must be authenticated (verified) by an institution set up or designated by the Executive Yuan or a private organisation entrusted by the Executive Yuan. The Straits Exchange Foundation is the institute entrusted by the Mainland Affairs Council to handle the authentication of documents between China and Taiwan. Arbitral Awards From Other Jurisdictions Pursuant to Article 48 of the Taiwan Arbitration Law, an applicant must submit the following documents to the competent court for application of a recognition order: • the original arbitral award or an authenticated copy thereof; • the original arbitration agreement or an authenti - cated copy thereof; and • the full text of the foreign jurisdiction’s arbitra - tion laws and regulations, the rules of the foreign arbitration institute, or the rules of the international arbitration institute that apply to the foreign arbitral award. If the documents listed above are presented in any other foreign language, corresponding Chinese trans - lations must be submitted to the court. Additionally, the term “authenticated” above means authentica - tion of the copies by the embassies and missions, representative offices, liaison offices or any other institutions officially authorised by the government of Taiwan.
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