Arbitration / Litigation

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July 2019

Special Pardons Order from the President of the People's Republic of China – Decision of the Standing Committee of the National People's Congress on Granting Special Pardons on the Occasion of the 70th Anniversary of the Founding of the People's Republic of China (Mainland China)

June 2019

Except when laws and regulations are obviously violated or when a party has produced new litigation materials sufficient to reverse the original determination, the court and the parties shall not make any opposite determination or assertion about important issues which have been determined by the court in a lawsuit filed by the same party for such important issues (Taiwan)

June 2019

In case of any doubt as to the application scope of an interested party to a public servant when the interested party to a public servant is being defined, a strict and restrictive interpretation should be rendered; and, therefore, directors stipulated under Article 3, Subparagraph 4 of the Law on the Recusal of Public Servants Due to Conflicts of Interest before amendment should not include independent directors (Taiwan)

June 2019

The requirement under a contract that if any party to the contract defaults the other party can rescind the contract and claim damages from the other party aims to cause the parties to perform the contract, and it is not true that either party may arbitrarily rescind the contract by paying the default penalty (Taiwan)

June 2019

Ten Model Cases Released by the Supreme People's Court on the Equal Protection of the Personal and Property Safety of Private Entrepreneurs (Mainland China)

June 2019

Circular on Issuing the 14th Set of the Supreme People's Procuratorate Guiding Precedents (Mainland China)

May 2019

If it has been impossible for a contractor to construct the project pursuant to the contract and the project owner has failed to fulfill the obligation to collaborate by failing to provide an explanation or change the design after being notified by the contractor to provide an explanation or design change or applying for construction suspension for several times, the contractor can certainly rescind the contract and claim damages (Taiwan)

May 2019

The provisions for contributory negligence under Paragraph 1 of Article 217 of the Civil Code may also apply to the calculation of contractual damages except for a special agreement that stipulates otherwise (Taiwan)

May 2019

Since the oath texts required for the oath which should be taken for the testimony of a witness and for the opinions of an expert witness is different, their identity should certainly be differentiated and they should be required to take oath; and if there is any violation of the oath, the testimony or expert opinions can hardly be admitted as legitimate evidentiary materials (Taiwan)

May 2019

Although an administrative agency has its disposition authority at the time of its administrative disposition, if it fails to differentiate variedfacts of legal violation, the gist of discretion mandated by law would not be fulfilled. In this connection, the exercise of such disposition authority would be reckless, resulting in discretionary laziness, and such disposition would also be illegal (Taiwan)
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