Arbitration / Litigation

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February 2019

If citizens are dissatisfied with a rejection decision of the National Property Administration on their application filed in accordance with the National Property Law for the transfer or purchase of real estate which is state-owned but not for public use, they should seek a remedy through administrative action, which should be heard by an administrative court (Taiwan)

February 2019

Arbitration / Litigation

Ancestral worship associations are traditionally established by two different methods, namely, inheritance split arrangements and contractual arrangements; and the court should clarify the method by which an ancestral worship association is established and should properly exercise its elucidation right, or the litigation procedure would be materially defective (Taiwan)

February 2019

Arrangements of the Supreme People's Court and the Hong Kong Special Administrative Region Government on the Mutual Recognition and Enforcement of Judgments in Civil and Commercial Matters by Courts in the Mainland and the Hong Kong Special Administrative Region (Mainland China)

January 2019

The Code of Criminal Procedure is amended to stipulate that a court summons shall be sent by registered mail (Taiwan)

January 2019

Arbitration / Litigation

Whether a driver is objectively selected by a taxi fleet to an extent sufficient to cause other people to view the driver as an individual serving the company should be explored in detailed by the court, which should not jump to the conclusion that there is no employment relationship under Article 188 of the Civil Code between the two (Taiwan)

January 2019

Arbitration / Litigation

Since a couple get married in order to live together, determination should be made by considering all kinds of conditions such as whether the couple are likely to restore their harmonious relationship, and unless there is any significant reason for the difficulty to maintain the marriage, neither the husband nor the wife may readily sue for a divorce (Taiwan)

January 2019

Arbitration / Litigation

Whether an asset management company acquires the assets of a bank for low prices with or without profits does not affect its legal status where it may exercise rights over the non-performing loans received from the bank (Taiwan)

December 2018

Arbitration / Litigation

A court may adjust or exempt the distribution amount of the remaining property of a couple only if it is obviously unfair to equally distribute the balance of such property when either of the couple fiddles around, is habitually wasteful, has made no contribution to the property or has not collaborated for its accumulation (Taiwan)

December 2018

Arbitration / Litigation

If a public company cannot substantiate that a statement made by a director to indicate that the company has engaged in any legal violation is a deliberate misrepresentation, or that the statement so given is untrue due to gross negligence, it will be difficult to press libel charges against such director (Taiwan)

December 2018

Arbitration / Litigation

Circular of the Supreme People's Court and the China Securities Regulatory Commission on Printing and Distributing the Opinions on Comprehensively Advancing the Establishment of Alternative Resolution Mechanisms in Securities and Futures Disputes (Mainland China)
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