Categories

November 2018

Arbitration / Litigation

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

Arbitration / Litigation

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

October 2018

Arbitration / Litigation

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

Arbitration / Litigation

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

Arbitration / Litigation

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

Arbitration / Litigation

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)