Expert Witness Services
Expert Services International can provide expert witness services in Taiwan, particularly in arbitration under CAA rules and cross-border construction disputes.
Taiwanese Expert Witness Practice
Expert Services International can provide expert witness services in Taiwan, particularly in arbitration and cross-border construction disputes. Taiwan operates a civil law system, and expert evidence in domestic courts is provided through court-appointed experts under the Code of Civil Procedure.
The Arbitration Act (amended 2015) provides the statutory framework for arbitration. The Chinese Arbitration Association, Taipei (CAA) is the principal arbitration institution, and the Construction Industry Act governs construction disputes. The Public Construction Commission provides dispute resolution mechanisms for public construction projects.
Taiwan is a civil law jurisdiction. Expert evidence in domestic courts is provided through court-appointed experts under the Code of Civil Procedure. Party-appointed experts are accommodated in arbitration proceedings under institutional rules.
Expert Evidence Framework
Expert evidence in Taiwanese courts is governed primarily by the Code of Civil Procedure, which establishes the framework for expert appraisal and the appointment and conduct of expert witnesses. The civil law tradition underlying Taiwanese procedure means that expert evidence procedures differ in significant respects from common law jurisdictions. In the civil law context, the court may appoint experts to assist the court in understanding technical matters, and expert witnesses are understood as assisting the court rather than serving as partisan advocates for either party, although parties may also call expert witnesses to present their own expert evidence.
The Taipei District Court, which handles a substantial proportion of construction and infrastructure disputes, maintains a Construction Division staffed by fourteen specialised judges with experience in construction disputes. The Court also maintains a complement of judicial associate officers with construction expertise who assist the judges in understanding technical matters and managing construction cases through the procedural framework. This judicial specialisation provides a significant advantage for parties litigating construction disputes in the Taipei forum, as the judges and their supporting staff possess knowledge of construction contracts, engineering practice, contractual interpretation in the construction context and common technical issues that arise in construction disputes. The Court may compel the appearance of expert witnesses and direct that expert appraisals be undertaken where the Court considers this necessary to resolve technical issues in dispute.
The Code of Civil Procedure establishes procedures for the presentation of expert evidence, including provisions allowing the court to appoint court-appointed experts and provisions allowing parties to call expert witnesses. Expert evidence must be clearly distinguished from factual evidence, and the expert witness is understood as assisting the court through the expression of opinions based on specialised knowledge and analysis. The procedural framework provides mechanisms for testing expert evidence through examination and cross-examination, although the formal structure and timing of expert evidence presentation may differ from common law jurisdictions.
International Arbitration
Arbitration represents the preferred mechanism for resolving many construction and infrastructure disputes in Taiwan, particularly those involving international parties or cross-border elements. The Arbitration Act, amended in 2002, 2009 and 2015, establishes a modern framework for both domestic and international commercial arbitration. The 2015 Amendment introduced significant changes including substantive amendments to Article 47 addressing the recognition and enforcement of foreign awards, bringing Taiwanese law into alignment with international best practice and the UNCITRAL Model Law on the Recognition and Enforcement of Foreign Arbitral Awards.
The Chinese Arbitration Association in Taipei, established in 1955, holds the distinction of being the first non-profit quasi-judicial organisation providing arbitration services in the region. The CAA Taipei operates under a detailed set of rules and institutional procedures and maintains institutional governance structures that have gained recognition beyond Taiwan. In 2023, the CAA Taipei was recognised in the GAR white list for Asia-Pacific dispute resolution institutions, reflecting international acknowledgment of its institutional standards and practice. The Taiwan Arbitration Association, the Chinese Construction Industry Arbitration Association and the Chinese Real Estate Arbitration Association also provide arbitration services for disputes within their respective domains.
Arbitration conducted under CAA Taipei rules incorporates the IBA Rules on Taking of Evidence in International Arbitration as a reference framework for expert evidence procedures. The IBA Rules provide detailed provisions addressing party-appointed experts, tribunal-appointed experts, witness testimony and the examination of expert witnesses. Arbitral tribunals seated in Taiwan also frequently apply the CIArb Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration, which provides comprehensive guidance on the identification of expert issues, the independence of experts, the contents of expert opinions and the conduct of expert evidence procedures including experts' conferences and meetings. An important distinction from some court-based proceedings is that expert witnesses in arbitration are not required to testify under oath, although arbitral tribunals generally require clear statements confirming the expert's understanding of their duties to the tribunal and their commitment to independence and impartiality.
Taiwan's location within the Asia-Pacific region and its significant role in international trade and commerce have established it as an important seat for international arbitration. The Taipei arbitration framework provides access to experienced arbitrators with expertise in construction and infrastructure disputes, institutional support through established arbitration bodies and procedural frameworks aligned with international best practice. Parties in international construction disputes involving Taiwan frequently select Taipei as the seat of arbitration to benefit from these institutional and procedural advantages.
Construction Disputes
Taiwan's Government Procurement Act establishes the framework for public sector contracts and construction projects procured using public funds. The Act encompasses public works, public services and public goods and services contracts and includes specific procedures for tender, contract award, performance and dispute resolution. Public sector projects represent a substantial portion of Taiwan's construction activity, making the Government Procurement Act essential framework knowledge for advisors and expert witnesses engaged in public sector construction disputes.
The Government Procurement Act was the subject of draft amendments released in February 2025, which propose enhancements designed to promote fair competition in public procurement and to improve the efficiency of administrative and dispute resolution procedures. These proposed amendments reflect the government's commitment to ensuring that public procurement processes maintain high standards of transparency, fairness and efficiency. The amendments are under consideration and anticipated to be finalised in the coming months. The Chinese Review Board for Government Procurement serves as a specialist forum providing mediation and arbitration services for disputes arising in the public procurement context. This institution provides expertise in the specific requirements and frameworks applicable to government procurement disputes, which differ in significant respects from purely private sector construction disputes.
Arbitration is widely favoured for the resolution of construction disputes in Taiwan, reflecting the recognition that complex technical and contractual issues arising in construction disputes benefit from resolution by arbitrators with construction expertise, from the flexibility of arbitral procedures in accommodating technical evidence and expert testimony and from the confidentiality and finality that arbitration provides. Standard forms including the FIDIC conditions of contract are widely used in international and larger scale construction projects in Taiwan, and these conditions commonly incorporate arbitration clauses providing for dispute resolution through international arbitration. The combination of specialist arbitration institutions, experienced arbitrators and access to expert witnesses with construction expertise creates an environment in which arbitration provides an effective mechanism for resolving construction disputes.
Contemporary Issues
Taiwan's dispute resolution landscape is evolving in response to contemporary developments in international arbitration practice and the growing sophistication of Taiwan's role as an Asia-Pacific arbitration centre. The 2025 Taipei International Conference on Arbitration and Mediation, scheduled for October 2025, will bring together international practitioners, institutional leaders and academics to discuss contemporary issues in arbitration and dispute resolution practice. This conference reflects Taiwan's commitment to maintaining its position as a significant seat for international commercial arbitration in the Asia-Pacific region and to engaging with contemporary developments in international dispute resolution practice.
The Chinese Arbitration Association in Taipei is celebrating its seventieth anniversary, providing occasion for reflection on the institution's role in Taiwan's dispute resolution development and for engagement with the contemporary challenges and opportunities facing international arbitration in the region. The CAA Taipei's recognition in the 2023 GAR white list for Asia-Pacific reflects both its historical significance and the international community's acknowledgment of its institutional standards and contemporary relevance. The institution continues to develop and refine its practice in response to evolving international standards and the changing needs of parties engaged in international commercial disputes.
The Government Procurement Act amendments proposed in February 2025 represent a significant development in the regulatory framework applicable to public sector construction and procurement. These amendments are anticipated to improve the efficiency and fairness of government procurement processes and dispute resolution mechanisms applicable to public sector disputes. For advisors, expert witnesses and dispute resolution practitioners engaged in public sector disputes, these amendments will require careful attention to the updated procedural and substantive requirements once they are finalised and implemented.
Asia-Pacific Expertise
Expert Services International provides expert witness services across Taiwan's diverse dispute resolution forums, from the Taipei District Court with its specialised Construction Division to international arbitration through CAA Taipei and other regional institutions. Our practice combines technical expertise in construction, infrastructure and engineering with knowledge of Taiwanese procedural frameworks and the distinctive features of civil law expert evidence practice.
Whether the dispute is proceeding in the Taipei District Court, regional courts, international arbitration through CAA Taipei or other Taipei-seated institutions, expert determination or mediation, our team understands the specific requirements and procedural frameworks applicable to each forum. We prepare expert reports that comply with applicable procedural requirements and institutional rules, we provide testimony capable of withstanding expert scrutiny and judicial examination, and we participate effectively in expert conferences and meetings designed to narrow technical issues and promote resolution.
Our Expertise
Expert Services International can provide expert witness services to law firms, stakeholders, investors, contractors, principals, engineers and other parties involved in construction and infrastructure disputes in Taiwan and across the Asia-Pacific region. Our expertise spans the full range of quantum, delay, disruption and construction defects issues that commonly arise in construction, resource and infrastructure contracts, and we maintain knowledge of procedural requirements and dispute resolution mechanisms applicable in the region.
Our consultants prepare expert reports that address the procedural and evidentiary requirements applicable in Taiwan, ensuring compliance with relevant codes of conduct and professional standards. We provide expert testimony in litigation, arbitration, mediation, expert determination and adjudication proceedings, and we participate in contemporary expert procedures including concurrent evidence and expert meetings designed to narrow technical issues and promote resolution.
We are experienced in international arbitration conducted under institutional rules including the IBA Rules on Taking of Evidence, the CIArb Protocol for Party-Appointed Expert Witnesses, and the procedural frameworks of leading arbitral institutions. Whether the dispute is proceeding in local courts, international arbitration or statutory adjudication, our team can assist with expert reports, testimony and advisory services of the highest professional standard.
Service Scope
Detailed expert reports addressing quantum claims, delay analysis, construction defects and technical matters in Taipei District Court, regional courts and specialist tribunals. Our reports comply with applicable procedural requirements and institutional rules, presenting clear methodology, transparent reasoning and conclusions capable of withstanding expert scrutiny and examination.
Providing expert testimony in litigation, arbitration, mediation, expert determination and conciliation proceedings. Our consultants are experienced in articulating complex technical and financial information clearly and precisely in Taiwanese and international dispute resolution contexts, remaining composed through examination and adapting their evidence as required by the forum.
Participation in expert conferences and meetings to narrow areas of dispute and identify common ground. These procedures are utilised in Taiwanese courts and arbitration to clarify technical positions and reduce the scope of contested expert evidence, and we are experienced in conducting these meetings effectively.
Expert services in international arbitration through CAA Taipei and other Taipei-seated institutions, as well as expert evidence in Taipei District Court and regional courts, mediation, expert determination and conciliation proceedings. We understand the specific procedural requirements applicable in each forum and the distinctive features of Taiwanese dispute resolution practice.
