CAAI arbitration rules 2017: The new rules for arbitrations seated outside Taiwan

Winnie Jo-Mei Ma

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Abstract

Effective from 1 July 2017, the CAAI Arbitration Rules 2017 are enacted for CAAI (Chinese Arbitration Association, International), a separate entity related to CAA (Chinese Arbitration Association, Taipei). The CAAI Arbitration Rules 2017 represent the most recent (re)consideration of issues and (re)balance of interests in international arbitration. They apply to arbitrations seated outside Taiwan, and will assist any future proposal to revise Taiwan’s laws relating to arbitration. Distinctive features of the CAAI Arbitration Rules 2017 include a three-tiered (and semi-bilingual) approach to the language of arbitration; double time limits for the closure of proceedings and award-making; unified criteria for commencing single arbitration under multiple contracts (at the initial stage) and consolidating arbitrations (at a later stage); comprehensive provisions for emergency measures (before the arbitral tribunal’s constitution) and interim measures (after the arbitral tribunal’s constitution), in contrast with concise provisions for expedited procedure. They seek to ensure party autonomy, impartiality, efficiency and enforceability of CAAI arbitration.
Original languageEnglish
Article number8
Pages (from-to)337-385
Number of pages48
JournalContemporary Asia Arbitration Journal
Volume10
Issue number2
Publication statusPublished - Nov 2017

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title = "CAAI arbitration rules 2017: The new rules for arbitrations seated outside Taiwan",
abstract = "Effective from 1 July 2017, the CAAI Arbitration Rules 2017 are enacted for CAAI (Chinese Arbitration Association, International), a separate entity related to CAA (Chinese Arbitration Association, Taipei). The CAAI Arbitration Rules 2017 represent the most recent (re)consideration of issues and (re)balance of interests in international arbitration. They apply to arbitrations seated outside Taiwan, and will assist any future proposal to revise Taiwan’s laws relating to arbitration. Distinctive features of the CAAI Arbitration Rules 2017 include a three-tiered (and semi-bilingual) approach to the language of arbitration; double time limits for the closure of proceedings and award-making; unified criteria for commencing single arbitration under multiple contracts (at the initial stage) and consolidating arbitrations (at a later stage); comprehensive provisions for emergency measures (before the arbitral tribunal’s constitution) and interim measures (after the arbitral tribunal’s constitution), in contrast with concise provisions for expedited procedure. They seek to ensure party autonomy, impartiality, efficiency and enforceability of CAAI arbitration.",
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CAAI arbitration rules 2017 : The new rules for arbitrations seated outside Taiwan. / Ma, Winnie Jo-Mei.

In: Contemporary Asia Arbitration Journal, Vol. 10, No. 2, 8, 11.2017, p. 337-385.

Research output: Contribution to journalArticleResearchpeer-review

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