A-national principles in Taiwan

Citation

Yu H (1998) A-national principles in Taiwan. International Arbitration Law Review, 1 (7), pp. 217-219.

Abstract
First paragraph: In theory, a foreign arbitral award can be recognised and enforced before the Taiwanese courts under multilateral conventions, bilateral treaties and relevant domestic legislation. Nevertheless, due to its special political status in international society, the Taiwanese Government has had very few chances to access international conventions or bilateral treaties for the recognition or enforcement of foreign arbitral awards. As far as multilateral arbitration conventions are concerned, the Taiwanese Government has only ratified the Convention on the Settlement of Investment Disputes between states and nationals of other states. In the case of bilateral treaties, the Sino-American Friendship, Commerce, Navigation Treaties 1948, which provide full faith and credit for arbitration agreements and arbitral awards, is the only bilateral treaty between the Taiwanese Government and a foreign state.1 With respect to its legislation, the Arbitration Act 1961 contains the only domestic rules regulating commercial arbitration activities and the procedures for recognition or enforcement of foreign arbitral awards. Although the Arbitration Act 1961 was amended in 1982 and 1986, it still failed to keep up with the modern trend in international commercial arbitration because too many restrictions were imposed on procedural matters. In fact, international commercial arbitration has made very little progress in Taiwan between then and today.

Keywords
International commercial arbitration; Taiwan

Journal
International Arbitration Law Review: Volume 1, Issue 7

People

Professor Hong-Lin Yu

Professor, Law