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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

The PRC’s New Provisions on Recognition and Enforcement of Taiwan’s Civil Judgments and Arbitral Awards

  • Article Summary: The Supreme People's Court of China issued new judicial provisions establishing a distinct regulatory framework for recognizing and enforcing Taiwanese civil judgments and arbitral awards in mainland China. Author Helena Chen analyzes how these regulations separate judicial judgments from arbitral awards, align refusal grounds with New York Convention standards, and enforce statutory deadlines for mainland courts. The post highlights key procedural changes that increase clarity and efficiency in cross-strait dispute resolution.
  • Kluwer Arbitration Blog

To enforce a Taiwan’s award or civil judgment in the mainland China, a party has to refer to PRC’s regulations, which were released by the Supreme People’s Court (“SPC”) and have recently been amended. The new SPC’s “Provisions on Recognition and Enforcement of Taiwan Courts’ Civil Judgments” and “Provisions on Recognition and Enforcement of Arbitral Awards made in the Taiwan Region” (together hereinafter referred to as the “New Provisions”) became effective on July 1, 2015, when the obsolete “Provisions on the People’s Court’s Recognition of Taiwan Courts’ Civil Judgments” (“the Old Provisions”) and their relevant regulations issued to explain or facilitate their application were repealed. The New Provisions vastly improve the relevant laws regarding recognition and enforcement of Taiwan courts’ civil judgments and arbitral awards rendered in Taiwan. This note offers an introductory comparison of the key differences between the New Provisions and the Old Provisions.