Arbitration / Litigation

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June 2018

In case of obvious unfairness due to any drastic change not foreseeable in the beginning for reasons not attributable to the parties after the legal relationship has occurred, it is only then that a court may render a fair adjudication based on the principle of change of circumstances (Taiwan)

June 2018

Whether the work of a contractor is completed should be observed based on the details about a contract, and it is not true that all unfinished work can be included in the scope of the contractor's warranty due to the contractor's warranty liabilities for quality assurance and defect correction (Taiwan)

June 2018

If records created by social workers or counselors for their counseling cases only record a victim's statement, they are still the same cumulative evidence as a victim's statement and have nothing to do with corroborative evidence (Taiwan)

June 2018

The two-year statute of limitation under the National Compensation Law shall commence upon knowledge of the claimant concerning the damage and causes and facts associated with the national compensation and is not preconditioned by the confirmation of illegality through the prosecution, a guilty court decision or an administrative litigation (Taiwan)

June 2018

Article 28, Paragraph 2 of the Personal Property Secured Transactions Law seeks to compensate impairment to the value of a transaction object, which is different from the right of claim over the rental price of personal property or the price of a good or product and to which a short statute of limitations does not apply (Taiwan)

May 2018

It should not be concluded that a statement which is supposed to be sworn but is not sworn is admissible evidence simply on the ground that the statements of the joint accused were not illegally extracted or there was no other circumstance where the statements were obviously unbelievable due to impediment of freedom of statement during the interrogation by the prosecutor (Taiwan)

May 2018

The use of a tracking device to obtain the location information of a vehicle and its user to ascertain the daily life routine and behavioral patterns of the vehicle user through comparative analysis is a major violation of the privacy of the vehicle user (Taiwan)

May 2018

For a person to whom service of documents is attempted and who has stayed overseas for a long period of time, service by deposit at a police station for the registered household of the person to whom service of documents is attempted is certainly not lawful (Taiwan)

May 2018

An administrative agency which refuses to provide government information is required to indicate the legality for the refusal, and the court shall also examine such government information in whole or in part to determine if the refusal of such administrative agency to provide government information is lawful (Taiwan)

April 2018

Since the accused was tortured for confession before his statement was taken, the confession given during police interrogation shortly thereafer was resulted from a continuation of the pressure from improper police torture before the statement was drafted; and, therefore, such statement, which was not given out of arbitrariness, should be excluded (Taiwan)
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