Addressing Post-Award Court Proceedings In Taiwan: A Case To Exclude Judicial Review

Abstract

Arbitration is widely used in public construction cases in Taiwan. Unfortunately, recent cases have shown that while arbitral awards may be made within a reasonable time, delays in the post-award in court proceedings is a cause of dismay and frustration for the successful party. This paper considers the possibility of excluding the right of recourse to courts against arbitral decisions, by either abolishing it by domestic law or permitting parties to the contract out of such. It concludes with the proposal for minor legislative change to the Taiwan Arbitration Law. Taiwan, setting aside awards, public construction, government procurement, concession agreement, exclusion agreement, STSP v Sheus, and manifest unfairness.