Arbitration / Litigation

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November 2018

The cost of estate management, which is paid out of the estate, is a common good in nature and includes all necessary and indispensable costs for the preservation of the estate (Taiwan)

November 2018

Unless both parties to an agreement have agreed to a punitive compensation not specifically stipulated in the agreement, it should not be concluded merely based on an ex officio order or pursuant to administrative regulations that such punitive compensation is part of the agreement because both parties have indicated a meeting of minds (Taiwan)

November 2018

Since road trees which had been assessed to be dangerous trees but had not been removed before the accident occurred affected road safety, the competent authority should assume the national compensation liability for inadequacies in its road tree management (Taiwan)

November 2018

Provisions of the Supreme People's Court on Issues Concerning the Enforcement of Notarized Debt Instruments (Mainland China)

October 2018

The evidentiary admissibility of a statement given by a person other than the defendant to the judge outside of a trial and to the prosecutor in the course of investigation requires that lawful investigation procedures including an examination procedure in the course of a court trial should be conducted before such statement may be relied on as a basis of determination (Taiwan)

October 2018

In case a creditor applies for compulsory enforcement on the basis of a confirmed payment order, even though the failure to submit supporting documentation constitutes a lack of prerequisites for such enforcement application, if correction has been made before the application is rejected, the compulsory enforcement application is still lawful (Taiwan)

October 2018

Since land revision surveys and assistance with the installation of landmarks by land agencies have no bearing on the acquisition or loss of land ownership, national compensation may not be sought on the ground that rights have been unlawfully infringed by civil servants in their performance of such duties (Taiwan)

October 2018

Since suspension by a trade association does not require a competent authority's approval or recordation and does not involve the exercise of public authority, national compensation shall not be sought for suspension by a trade association which is not corrected by the competent authority (Taiwan)

October 2018

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Issues Concerning the Application of Law in Criminal False Lawsuits (Mainland China)

October 2018

Provisions of the Supreme People's Court on Issues Concerning Trials by Internet Courts (Mainland China)
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