Reimagining Post-Award Dispute Resolution in Taiwan: Insights from Europe to Limit Judicial Intervention

Abstract

Arbitration has become a frequently chosen mechanism for resolving public construction disputes in Taiwan. Yet, recent experiences show that, despite arbitral awards often being issued within a reasonable period, subsequent court proceedings can take considerably longer, leading to dissatisfaction for the prevailing party. This article examines the possibility of cutting off the right to challenge arbitral decisions in court—either by eliminating that right through domestic legislation or by allowing contractual agreements to waive it. Ultimately, this piece offers modest legislative amendments to the Taiwan Arbitration Law and suggests how these changes could facilitate speedier resolutions for public construction conflicts by drawing on European insights to limit judicial intervention.