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5 - Multi-tier Dispute Resolution
from A - General Trends
- By Kuan-Ling Shen
Edited by Anselmo Reyes, Weixia Gu, The University of Hong Kong
Book:

Multi-Tier Approaches to the Resolution of International Disputes

Published online:

09 December 2021

Print publication:

16 December 2021, pp 110-141
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Summary

Taiwan has had many legal provisions for multi-tier dispute resolution, including court-annexed mediation for civil disputes, family disputes and labour disputes. Based on the parties’ autonomy, the parties are free to choose their way of dispute resolution. If the parties explicitly agree in a contract to ‘first mediate, and then arbitrate’ or to arrange other multi-tier dispute resolution procedures, those clauses should be legally binding and enforceable. The multi-tier dispute resolution clauses could lead to a litigation or an arbitral proceeding as inadmissible. However, the effect of those clauses is not observed ex officio; a party has to raise the objection of non-compliance with the procedure. Since the performance of multi-tier procedural clauses does not affect the arbitral agreement and the jurisdiction of the tribunal, non-compliance with those clauses should not be a ground for setting aside the arbitral award.