Arbitration Rules

Jointly promulgated by orders of (88)Fa-08006, Executive Yuan and (88)Yuan Tai Ting Ming 3-02096, Judicial Yuan on March 3, 1999

Articles 3, 4, 5, 6, 9, 10, 12, and 17-1 as amended and effective on December 31, 2001

Articles 1, 2, 11, 15, 16, 17, 17-1 as amended and effective on January 22, 2003

In case of any discrepancy between the English version and the Chinese text of these rules, the Chinese text shall govern.

Article 1

The Guidelines are promulgated in accordance with Paragraph 5, Article 8 of the Arbitration Law (hereinafter referred to as the "Law").

The purpose of arbitrators' training (hereinafter referred to as the "Training") and lecturing is to improve the knowledge, quality and practical experience of arbitrators, and to promote the quality and efficiency of and public trust in arbitration.

Any person qualified as an arbitrator under this Law may submit his/her application, along with relevant evidencing documents, to an arbitration institution established and approved in accordance with this Law to participate in the Training.
Any participant in the Training shall be referred to as an Apprentice Arbitrator.

Substance and duration of the Training shall be determined by arbitration institutions in consideration of the practical requirement of various types of arbitrators as provided under Article 6 of this Law.

During the Training, student arbitrators shall abide by the rules of the training institution.

The Ministry of Justice may send personnel to examine the Training.
The examination as referred to in the preceding paragraph may be conducted together with the related personnel of the arbitration institution.

An Apprentice Arbitrator who passes the Training shall receive a certificate of qualification issued by the arbitration institution.

An Apprentice Arbitrator who is absent or expelled during the Training may re-apply to participate in the Training.

An arbitration institution shall periodically provide lectures for arbitrators every year, and the plans and results of such lectures shall be reported to the Ministry of Justice.
The funds for the lectures as referred to in the preceding paragraph shall be raised by the arbitration institution.

An arbitrator shall participate in the lectures as referred to in the preceding Article at least two times every three years. The duration of each lecture shall not be less than three hours and not more than twelve hours.
An arbitrator may participate in any lecture which is held by an arbitration institutions other than the one in which he/she is registered.

In case an arbitrator does not participate in at least two (2) lectures during three (3) years, the arbitration institution may cancel his/her registration. However, an arbitrator who has participated in the Training pursuant to the Guidelines during the same period may be exempt from the aforementioned requirement.
An arbitrator's participation in arbitration seminars or lectures held by international organizations or foreign arbitration institutions may be taken into account in calculating the lecture-participation as referred to in the preceding paragraph.

The rules regarding the lecturing under the Guidelines may apply to any person qualified as an arbitrator under the Law who has not been registered as an arbitrator with any arbitration institution.