Arbitration / Litigation

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May 2019

Whether a bank account provider commits an offense of aiding a fraud should be determined by considering the situation of a specific case based on strict evidentiary rules, and an indefinite intent to aid the commissioning of a fraud cannot be derived simply based on the experience of ordinary people (Taiwan)

May 2019

Although food labeling, promotions or advertisements are constitutionally protected for freedom of speech, still reasonable and appropriate restrictions may be imposed on food information for its material relevance to national health (Taiwan)

April 2019

The Judicial Yuan's interpretation on application to the court for a certificate after the end of litigation or a ruling granting the registration of the fact of pending litigation is finally reversed or set aside (Taiwan)

April 2019

A material defect in the first instance litigation procedure shall mean that there is a causal relationship between the violation of the litigation procedure and the contents of a court decision or that since the litigation procedure violates relevant requirements, it is not appropriate to serve as the basis for second instance's arguments and the trial level system is maintained. In such situation, a second instance may reverse the judgement of a first instance and remand the case. (Taiwan)

April 2019

The notes set forth in the requirements for notarized wills and dictated wills may be computer typed or prepared by an automated machine (Taiwan)

April 2019

If employees habitually store drawings created in the course of their work in their personal hard drives, even though some of the files are saved backed to the company's computers and defective files are deleted in the course of design, it is hard to identify that employees have the subjective criminal intent to destroy the computer electromagnetic records of others without valid reasons (Taiwan)

March 2019

If the facts concerning violations of laws, regulations or bylaws by a general association for its convocation procedure or resolution method are not material and have no bearing on the resolutions, the court may reject a request lodged pursuant to the Civil Code to set aside the resolutions adopted by the general association (Taiwan)

March 2019

In case of any beneficial cost defrayed by a lessee for a leased object, if the lessor is aware of such cost but does not object, such cost shall be reimbursed upon termination of the lease to the extent that the reimbursement shall be limited to the current increased value (Taiwan)

March 2019

In case it is indeed true that a defendant fails to appear in court on a trial date for reasons not attributable to the defendant, even if the defendant fails to notify the court in advance or in time to the extent that the court unwittingly renders a default judgment, the procedure followed by the court would still be unlawful (Taiwan)

March 2019

Since a public hospital which treats patients engages in private economic acts as a private law entity and does not exercise government authority, the State Compensation Law certainly does not apply (Taiwan)
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