TAIWAN Law and Practice Contributed by: Peng-Kwang Chen, Pamela Huang, Claudia Huang and Ching-Tzu (Katie) Chang, Formosa Transnational Attorneys At Law
a settlement in accordance with law, such as most civil disputes. Some matters including fam- ily relationships or criminal offenses cannot be referred to arbitration. 13.3 Circumstances to Challenge an Arbitral Award A party may apply to the court to revoke the arbitral award on grounds including: • the arbitral award concerns a dispute not relevant to the subject matter of the arbitra- tion agreement or exceeds the agreement’s scope; • the grounds for the arbitral award are not pro- vided despite being required by law, unless such absence of grounds was corrected by the arbitral tribunal; • the arbitration agreement is nullified, invalid or has yet to come into effect; • the arbitral tribunal fails to provide a party with an opportunity to present its case or a party is not lawfully represented during the arbitral proceedings; or • an arbitrator fails to disclose their conflict of interests and is clearly prejudiced or has been requested to withdraw but continues to participate in the proceedings. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Procedure for Enforcing Domestic Arbitration Awards To enforce a domestic arbitration award, a party shall obtain an enforcement order rendered by the court beforehand. However, the arbitration award may be enforced without such enforce- ment order, provided that the parties agree in writing and the subject matter of the arbitration award concerns any of the following:
• payment of a specified sum of money or cer- tain amount of fungible goods or securities; or • delivery of a specified movable property. The enforcement of domestic arbitration awards shall be refused if the court finds that: • the arbitration award concerns a dispute not relevant to the subject matter of the arbitra- tion agreement or exceeds the agreement’s scope, unless the offending portion can be severed from and not affect the remainder of the arbitration award; • the grounds for the arbitration award are not provided despite being required by law, unless such absence of grounds was cor- rected by the arbitral tribunal; or • the arbitration award requests a party to act contrary to the law. Procedure for Enforcing Foreign Arbitration Awards To enforce a foreign arbitration award, a party must obtain a recognition decision rendered by a Taiwan court first. An application for recognition of a foreign arbi- tration award shall be dismissed, if: • such award is contrary to public order and good morals in Taiwan or concerns a dispute that cannot be solved through an arbitration approach under the laws of Taiwan (ie, lack of arbitrability); or • if the country where the arbitration award was made or whose laws govern the arbitral award does not recognise arbitral awards from Taiwan.
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