Arbitration / Litigation

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July 2018

A district prosecutors office may collect and process personal information for case investigation, which is part of performance of its statutory duties; and a school's provision of required personal information to assist with criminal investigation by a prosecution agency falls within the scope of necessity for furthering public interest (Taiwan)

July 2018

The Court Organizational Law was amended to specifically stipulate that an indictment shall be publicly disclosed after the public disclosure of the first instance criminal decision (Taiwan)

July 2018

The Legislative Yuan adopted and enacted the Information and Communications Security Administration Law (Taiwan)

July 2018

Since agreed-upon mutual transfer of property rights other than money is different from an intent to seek profits, the approach of mutual transfer of inventory followed by subsequent return of an equal quantity of narcotics cannot be found to have an intent to seek profits simply because of any likelihood to generate profits (Taiwan)

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)
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