International Arbitration Comparative Guide

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

The Arbitration Law of the ROC (Taiwan) is the key statute governing arbitration in Taiwan. It was first enacted in 1961 as the Commercial Arbitration Law before being revised to its current iteration in 1998. The Arbitration Law was last amended on 2 December 2015. It is intended to cover all arbitrations in Taiwan, both domestic and foreign; and save for the mandatory clauses detailed in question 1.4, it serves as the default rules for matters that have not already been stipulated between the parties in the arbitration agreement and/or the procedural rules of the arbitration institution chosen by the parties.