Taiwan Dispute Resolution Practice
Expert Services International can provide dispute resolution services in Taiwan under the Arbitration Act, CAA Rules and Public Construction Commission mechanisms.
Taiwan Dispute Resolution Practice
Dispute resolution in Taiwan is governed by the Arbitration Act (amended 2015). The Chinese Arbitration Association, Taipei (CAA) is the principal arbitration institution, administering arbitrations under its own rules. The Construction Industry Act and the Public Construction Commission establish specific mechanisms for construction dispute resolution.
Expert Services International can provide arbitration, mediation, expert determination and dispute advisory services in Taiwan, particularly in construction and infrastructure disputes.
Taiwan is a civil law jurisdiction. The Arbitration Act (amended 2015) provides the statutory framework for arbitration, and the Chinese Arbitration Association, Taipei (CAA) is the principal arbitration institution.
Commercial Arbitration
Taiwan's Arbitration Act provides a comprehensive framework for commercial arbitration, based directly on the UNCITRAL Model Law. The legislation permits parties to refer disputes arising out of contractual or non-contractual legal relationships to arbitration, and the statute applies to both domestic and international arbitration seated in Taiwan. The Act establishes procedural rules for the constitution of the arbitral tribunal, the conduct of arbitral proceedings and the recognition and enforcement of arbitral awards, whilst granting parties considerable freedom to agree upon the procedural rules governing their arbitration.
The Chinese Arbitration Association Taipei serves as the principal arbitral institution administering arbitrations in Taiwan. The CAA Arbitration Rules provide the framework within which most commercial arbitrations are conducted, and the CAA maintains a panel of qualified arbitrators with expertise across the full range of commercial disputes. The CAA rules are consistent with international best practice and provide for the appointment of arbitrators, the administration of proceedings, the management of costs and fees, and the issuance of the final arbitral award. For arbitration seated outside Taiwan, parties may designate the CAA International Arbitration Centre as the administering institution, providing a dual-track system that accommodates both domestic and international arbitrations.
Taiwan's arbitration regime has been developed to align with the UNCITRAL Model Law, ensuring compatibility with international practice and mutual recognition of awards. Arbitrators in Taiwan are guided by the International Bar Association Rules on Taking of Evidence in International Arbitration, which provide a comprehensive framework for the management of expert evidence and witness testimony. The Chartered Institute of Arbitrators, which maintains a substantial membership in Taiwan, provides professional standards and guidance for arbitrators and parties involved in arbitral proceedings. Taiwan's courts have developed a policy of minimal intervention in arbitral proceedings, with the principal judicial role being the enforcement of arbitration agreements and the recognition and enforcement of arbitral awards. This judicial restraint promotes the autonomy of parties and the finality of arbitral awards.
Construction Disputes
Construction disputes represent a significant proportion of arbitral and litigation disputes in Taiwan, reflecting the jurisdiction's ongoing investment in infrastructure and commercial development. Taiwan's Construction Industry Law establishes the legal framework governing construction contracts, licensing, safety and contractual obligations, whilst the Public Construction Commission administers dispute resolution mechanisms for public construction projects. The framework recognises that construction disputes often involve complex technical and contractual issues requiring specialised expertise and effective dispute resolution procedures.
On international construction projects, parties frequently incorporate the Fédération Internationale des Ingénieurs-Conseils standard forms, including FIDIC contracts, as the governing contractual framework. These standard forms typically provide for dispute resolution through engineer's determination, mediation and arbitration, reflecting international practice and providing a clear escalation pathway for dispute resolution. FIDIC forms are widely used on major construction projects in Taiwan and throughout the Asia-Pacific region, particularly for infrastructure and engineering projects involving international financing and international contractors. The incorporation of FIDIC forms ensures consistency with international standards and provides parties with a well-established framework for the resolution of technical disputes.
Standard form contracts, including FIDIC, NEC and other internationally recognised forms, are increasingly utilised in Taiwan's construction sector. These forms provide clear allocation of risk, defined dispute resolution procedures and mechanisms for addressing claims and variations. Taiwan's arbitration and mediation institutions have developed substantial expertise in resolving construction disputes, and arbitrators with construction and engineering backgrounds are readily available through the CAA panel. The specialist expertise available through Taiwan's dispute resolution community enables parties to select arbitrators and mediators with the technical qualifications necessary to understand complex construction disputes and to reach informed decisions.
Mediation
Taiwan's courts maintain an active court-annexed mediation system, with the District Courts providing mediation services for disputes brought before them. This mechanism provides parties with an opportunity to explore settlement before proceeding to litigation or arbitration. Taiwan's township mediation system also provides an accessible mechanism for community-based dispute resolution, reflecting traditional approaches to conflict resolution. These court-based mechanisms operate alongside commercial mediation provided by private institutions and mediators.
The Chinese Arbitration Association Taipei administers commercial mediation services, maintaining a panel of qualified mediators experienced in the resolution of commercial disputes. The CAA mediation rules provide a framework for the conduct of mediation proceedings, permitting parties to select mediators and to structure mediation procedures in accordance with their needs. Mediation offers significant advantages in construction and commercial disputes by providing a confidential, non-adversarial process in which parties can explore resolution options and, where settlement is achievable, reach agreement without the need for formal arbitration or litigation.
Construction disputes are increasingly referred to mediation as a precursor to arbitration or litigation. The specialised expertise available through Taiwan's mediation community permits parties to select mediators with construction and engineering backgrounds, enabling effective facilitation of complex technical disputes. Mediation is frequently combined with expert determination and alternative dispute resolution procedures to create a comprehensive approach to dispute resolution that maximises the likelihood of achieving settlement before formal proceedings are required.
Contemporary Developments
Taiwan's dispute resolution community has experienced significant developments in recent years, reflecting both the growth in international commercial activity and the maturation of Taiwan's legal infrastructure. The Chinese Arbitration Association continues to develop and refine its rules and procedures to ensure consistency with international best practice. The CAA organised the 2024 Taipei International Conference on Arbitration and Mediation, highlighting Taiwan's commitment to advancing dispute resolution standards and maintaining alignment with international developments.
International arbitration has experienced substantial growth in Taiwan, reflecting the jurisdiction's importance in regional commerce and the reliability of Taiwan's legal framework for the resolution of cross-border disputes. The availability of English-language proceedings and the willingness of Taiwanese courts to enforce international arbitral awards have contributed to the growth of international arbitration in Taiwan. The establishment of the 2025 Taipei International Conference on Arbitration and Mediation, scheduled for October 2025 and marking both the 40th anniversary of the UNCITRAL Model Law and the 70th anniversary of the CAA, demonstrates the ongoing commitment of Taiwan's dispute resolution community to professional development and international engagement.
Taiwan's construction sector has experienced continued growth, with substantial investment in infrastructure and commercial development. This economic dynamism has contributed to an increase in construction disputes and a corresponding development of specialist expertise within Taiwan's arbitration and mediation community. The availability of arbitrators and mediators with construction and engineering expertise ensures that parties involved in construction disputes have access to decision-makers capable of understanding the technical and contractual complexities inherent in construction disputes. Taiwan's emerging role as a centre for international arbitration and dispute resolution reflects both the quality of its legal infrastructure and the expertise of its dispute resolution professionals.
Taiwan Expertise
Expert Services International provides specialist dispute resolution services across Taiwan's principal arbitral, mediation and litigation forums. Led by Neil Kirkpatrick, a chartered arbitrator with experience in international dispute resolution and construction disputes, the practice combines technical expertise with knowledge of Taiwan's dispute resolution frameworks and institutions.
Whether the dispute involves commercial arbitration under the CAA rules, construction disputes under FIDIC or standard form contracts, mediation through the CAA or court-annexed mechanisms, or expert determination and other alternative dispute resolution mechanisms, our team understands the specific requirements and procedures applicable in Taiwan's dispute resolution community. We provide expert advice on the selection of dispute resolution mechanisms, we represent parties in arbitral and mediation proceedings, and we serve as arbitrators and mediators in disputes arising from contracts and relationships with Taiwanese elements.
Our Expertise
Expert Services International can provide dispute resolution services to parties involved in construction and infrastructure disputes. Our services include acting as arbitrator, expert determiner and mediator. We also provide expert witness reports and testimony addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off.
We prepare claims submissions, expert reports and advocacy for use in arbitration, expert determination, mediation and dispute board proceedings. We can assist parties with the preparation and presentation of claims and defences across all forms of dispute resolution.
Service Scope
Acting as arbitrator in domestic and international arbitration proceedings. We manage all aspects of arbitral procedure, conduct efficient hearings and deliver reasoned awards addressing the issues in dispute in accordance with applicable law and the parties' contractual framework.
Acting as expert determiner under contractual expert determination clauses and institutional rules. Expert determination provides a binding resolution of technical and valuation disputes by a suitably qualified professional, typically within a shorter timeframe than arbitration or litigation.
Preparation of expert reports addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off. We provide expert testimony in arbitration, court proceedings, mediation and expert determination proceedings.
Acting as mediator and providing mediation services to assist parties in reaching a negotiated resolution of disputes. We facilitate structured discussions, assist in identifying common ground and help parties achieve settlement without the need for formal adjudication.
Acting as dispute board member, chairperson or single neutral on major infrastructure projects. Dispute boards provide a standing mechanism for the rapid resolution of disputes during project execution, maintaining familiarity with the project throughout its duration.
Preparation of claims submissions and expert analysis for use in arbitration, expert determination, mediation and dispute board proceedings. We assist parties with the preparation and presentation of claims and defences addressing quantum, delay, disruption and contractual matters.
