Laws & Regulations
CAA Arbitration Rules
中華民國90年3月30日第12屆第9次理事會通過施行
中華民國90年10月16日第12屆第10次理事會 修正第41條、第43條、第52條
中華民國97年8月29日第14屆第7次理事會 增訂第21條之1
中華民國97年10月29日第14屆第8次理事會 修正第21條之1
中華民國98年11月19日第14屆第11次理事會 增訂第2條之1
中華民國99年4月26日第14屆第12次理事會 修正第21條之1
中華民國105年12月1日第16屆第8次理事會 修正第43條
中華民國106年4月28日第16屆第9次理事會 修正第8條、第11條、第28條、第31條與第32條
CHAPTER Ⅰ General Provisions
Article 1
These Rules are established pursuant to Article 5, Paragraph 2 of the Articles of the Arbitration Association of the Republic of China (hereinafter referred to as CAA).
Article 2 (Scope of Application)
These rules shall govern arbitrations administrated by the CAA, unless otherwise agreed by the parties or required by applicable law or regulation.
Article 3 (Place of Arbitration)
Arbitration administered by the CAA may be held at a place outside of Taiwan pursuant to the agreement of the parties; or absent such an agreement, the decision made by the arbitral tribunal, if the tribunal considers it appropriate, having taken into account the facts of the case, including whether it would be convenient for the parties.
Article 4 (Procedural Recommendations)
The CAA may provide procedural recommendations to the arbitrators.
Article 5 (Impartiality and Independence of Arbitrators)
In all cases, the arbitrators shall act impartially and independently in arbitral proceedings.
Article 6 (Confidentiality)
Unless otherwise agreed on by the parties or required by the applicable law, the arbitrators and the administrators of the CAA shall keep all matters confidential.
Article 7 (Disclosure)
A prospective or appointed arbitrator shall disclose such circumstances as required by the applicable law of the arbitration.
CHAPTER Ⅱ Request and Answer for Arbitration
Article 8 (Request for Arbitration)
A party wishing to request arbitration administered by the CAA shall make an advance payment and submit the following documents:
1.The Request for Arbitration for each of the arbitrators and respondents.
2.Copies of the arbitration agreement or the contract containing an arbitration clause.
3.Power of Attorney, if legal representative is appointed.
4.Completed copies of the Arbitrator Statement , if one has been appointed.
Article 9 (Statement of Claim)
The Request for Arbitration shall contain a statement of claim including the following:
1.The Request for Arbitration shall contain a statement of claim including the following:
2.The names and addresses of legal representatives, if one is appointed.
3.The subject matter of the arbitration and the amount in dispute.
4.The relief or remedy sought and the supporting facts.
5.The name of the arbitral institution.
6.The date of the Request for Arbitration.
Article 10 (Sending of the Request to the Respondent)
Upon receipt of a Request for Arbitration, the CAA shall send a copy of the Request and other documents annexed thereto to the respondent and request the respondent to appoint an arbitrator or to accept the proposed arbitrator, unless the claimant is required to submit additional documents asked for under the preceding two articles. In such circumstances, the CAA shall request the claimant to submit the documents within a specified time.
Article 11 (Answer to the Request)
Within 10 days after the receipt of the Request for Arbitration from the CAA pursuant to the preceding article, the respondent shall submit to the CAA the followings:
1.The Answer to the Request, for each arbitrators and respondents.
2.The Power of Attorney, if any.
3.The Arbitrator Statement, in cases that the appointment has been made, including the names and addresses of the appointed arbitrator.
Within 14 days after the receipt of the claimant's written request, the respondent shall appoint an additional arbitrator.
Article 12 (Statement of Defense)
The Answer to the Request shall contain a statement of defense including the following:
1.The names and addresses of the parties; where a party is a legal person or another organization or government department, its name and place of office, or place of business, or place of public service.
2.The names and addresses of the parties; where a party is a legal person or another organization or government department, its name and place of office, or place of business, or place of public service.
3.The response to the relief sought and the supporting facts and reasons.
4.Name of the arbitral institution.
5.Date of the Answer.
The Answer, including the copies of which, May also contain relevant evidences and other materials.
The CAA shall send a copy of the Answer and documents annexed thereto the claimant once the CAA receives such documents.
Article 13 (Facsimile and Other Electronic Means of Sending Documents)
After the arbitral tribunal or the parties have reached an agreement, written documents may be sent via electronic means pursuant to the rules established by the CAA. Such transmissions shall have the same effect as the submission of these statements by conventional means of mailing or delivering.
Article 14 (Amendment to the Claim or Defense)
During the arbitral proceedings, a party may amend or supplement its submissions, the subject matter of the arbitration and the relief or remedy sought, if the other party authorizes it to do so or if such amendment or supplement will not cause unreasonable prejudice or delay to the proceedings.
If the Respondent has not received the Request for Arbitration, the restrictions imposed in the preceding paragraph do not apply.
Unless otherwise agreed by the parties, the arbitral tribunal shall not allow amendment or supplement provisions that are against the terms of the agreement to arbitrate.
The party shall make advance payment increased as a result of any amendment.
Article 15 (Counterclaim)
相The respondent may make a counterclaim pursuant to Article 8 of these rules. The arbitral tribunal may consolidate the arbitral proceedings relating to the claim and the counterclaim.
Unless otherwise agreed by the parties, a counterclaim shall not fall outside the scope of the agreement to arbitrate.
The arbitral tribunal may not allow a counterclaim if it considers that the counterclaim is made by a party with an attempt to delay the arbitral proceedings.