Arbitration / Litigation

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April 2020

Circular of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on Penalizing Violations and Criminal Activity in Impeding the Prevention and Control of the Novel Coronavirus Epidemic (Mainland China)

March 2020

The establishment of a trust contract requires not only general establishment criteria such as the parties' expression of their intent to reach an agreement but also special establishment criteria such as the transfer of the property right of the object held in trust and its actual delivery (Taiwan)

March 2020

In case of inadequacies in the installation of facilities such as road and traffic marks, markings and signs, if a traffic accident is attributable to an actor's behavior due to the failure to follow the onsite road and traffic marks, markings and signs, national compensation cannot be claimed (Taiwan)

March 2020

Provisions of the Supreme People's Court on Evidence in Civil Procedures(Mainland China)

December 2019

Whether the main objective of exercising a right is to injure others should be determined after the benefits received by the rights holder and the losses sustained by others and the country and society are considered (Taiwan)

December 2019

Evidence for determining criminal facts means affirmative evidence sufficient to prove the an actor has indeed committed a crime (Taiwan)

December 2019

In case potential facts are not explored by the first instance court, if the second instance court believes that there are potential facts in the case, the effect of appeal should extend to such potential facts (Taiwan)

December 2019

In an administrative action brought to cancel a discretionary disposition, it is necessary to consider the basic facts relied on and grounds for the administrative agency's disposition to determine if there is any abuse of power (Taiwan)

November 2019

If the acts of tort engaged by a perpetrator are continuous to the extent that the consequences of victimization are continuous and mutually independent and distinguishable, the beginning of the period of extinctive prescription shall be separately determined based on the victim's knowledge (Taiwan)

November 2019

If a national compensation claimant may obtain property rights from other people to compensate the damage suffered during the performance of public duty by a civil servant, such property rights which may be obtained for the sake of compensation should be deducted to calculate the actual damage so sustained (Taiwan)
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