Taiwan 2022-C

Taiwan is not a Contracting State to the New York Convention. Its Arbitration Act, however, is modeled on the Convention.

In 2004, the Tainan District Court (Civil Ruling No. 2004 Zhong-Zhi- Geng-Zi 1) dealt with a case in which the claimant sought recognition and enforcement of an Arbitral Award on Costs, an Arbitral Award on Taxation, and an Interim Final Award, all made in London. The respondent invoked Art. 50(6) of Taiwan’s Arbitration Act, arguing that the Award on Costs and the Award on Taxation had expired, and thus were no longer binding on the parties. The Court held that issues of limitation periods did not pertain to Art. 50(6) (which was modelled on Art. V(1)(e) of the New York Convention). Instead, the phrase “[t]he award has not yet become binding on the parties” refers to situations where the award is subject to appeal before the competent authority. Since the English High Court had dismissed the respondent’s application for leave to appeal, the Awards were final and binding. (Note: The Court then refused recognition and enforcement of the Awards on due process ground, finding that respondent was not given proper notice of the arbitral proceedings (Art. 50(3) of the Act, modelled on Art. V(1)(b) of the New York Convention).)

Country
Taiwan – Republic of China

Original full text
Full text decision Taiwan 2022-C

Excerpt
Excerpt decision Taiwan 2022-C

Topics in Taiwan 2022-C
¶509 » “Proper notice”
¶514 » Ground e: Award not binding, suspended or set aside - "Binding"