Private International Law in Taiwan

Erscheinungsjahr 2026
ISBN: 978-1-5099-5408-7
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 400 Seiten, Hardback, Format (B × H): 169 mm x 244 mm

Reihe: Studies in Private International Law - Asia

This is the leading reference on Taiwan's private international law in English.

The chapters systematically cover the whole of Taiwan's private international law, including designated chapters on the law of obligations, property, family law, corporations and insolvency, together with separate chapters on international commercial arbitration and investment treaty arbitration.

Taiwan's legal framework is a hybrid civil law system that evolved from the Chinese legal tradition and the adoption of the modern Roman system, as well as increasing influences from common law jurisdictions and international law. Its unique status and prominence in international trade and investment provide unique opportunities for aligning with, and contributing to, regional and international harmonisation of private international law. Through a combination of civil law and common law approaches and perspectives, the book provides a balanced and nuanced presentation of Taiwan's private international law that will appeal to practitioners and scholars worldwide.

Autoren/Hrsg.

Li, Fuldien

Ma, Winnie Jo-Mei

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Privatrecht

Inhaltsverzeichnis

Part I -- Introduction
1. The Subject Matter of Private International Law, Rong-Chwan Chen (National Taipei University College of Law, Taiwan)
2. Sources of Private International Law, Rong-Chwan Chen (National Taipei University College of Law, Taiwan)
3. History of Private International Law in Taiwan, Fuldien Li (Chinese Culture University, Taiwan)
4. Preliminary Matters, Chun-Liang Lai (National Taiwan University, Taiwan) and Yao-Ming Hsu (College of International Affairs NCCU, Taiwan)
5. Connecting Factors, Chun-Liang Lai (National Taiwan University, Taiwan)
6. Substance and Procedure, Chun-Liang Lai (National Taiwan University, Taiwan)
7. Proof of Foreign Law and Other Evidentiary Matters, Chun-Liang Lai (National Taiwan University, Taiwan)
8. Mandatory Rules and Ordre Public, Yao-Ming Hsu (College of International Affairs NCCU, Taiwan) and Kuang-Ping Wu (Chinese Culture University, Taiwan)

Part II -- Jurisdiction
9. Jurisdiction, Andrew C Hsu (LexPro Attorneys-at-Law, Taiwan)
10. Jurisdiction in Shipping Claims, Andrew C Hsu (LexPro Attorneys-at-Law, Taiwan)
11. Immunity from Jurisdiction, Yao-Ming Hsu (College of International Affairs NCCU, Taiwan)

Part III -- Choice of Law
12. Law of Persons, Chun-Liang Lai (National Taiwan University, Taiwan)
13. Law of Obligations, Kuang-Ping Wu (Chinese Culture University, Taiwan) and Chun-Liang Lai (National Taiwan University, Taiwan)
14. Law of Property, Kuang-Ping Wu (Chinese Culture University, Taiwan)
15. Family Law, Chun-Liang Lai (National Taiwan University, Taiwan) and Hou-Cheng Lee
16. Law of Succession, Chun-Liang Lai (National Taiwan University, Taiwan)
17. Law of Corporations and Insolvency, Yen-Te Wu (Fu Jen Catholic University, Taiwan)
18. Law of Bankruptcy, Hou-Cheng Lee

Part IV -- Recognition and Enforcement of Foreign Judgments
19. Recognition of Foreign Judgments, Chun-Liang Lai (National Taiwan University, Taiwan)
20. Enforcement of Foreign Judgments, Chun-Liang Lai (National Taiwan University, Taiwan)

Part V -- Arbitration
21. International Commercial Arbitration, Fuldien Li (Chinese Culture University, Taiwan) and Winnie Jo-Mei Ma (he Arbitration Chambers, Singapore)
22. Investment Treaty Arbitration, Yen-Te Wu (Fu Jen Catholic University, Taiwan)

Part VI -- The Harmonisation of Private International Law
23. Taiwan's Involvement in the Harmonisation of Private International Law, Chun-Liang Lai (National Taiwan University, Taiwan)
24. The Future of Private International Law in Taiwan, Chun-Liang Lai (National Taiwan University, Taiwan)

Über Autor(innen)

Ma, Winnie Jo-Mei
Winnie Jo-Mei Ma is a resident arbitrator of The Arbitration Chambers in Singapore, and Fellow and Approved Faculty Member of the Chartered Institute of Arbitrators (former convenor of East Asia Branch Taiwan Chapter). She is also an Advisor to the Chinese Arbitration Association, Taiwan (former Deputy Secretary-General), and Honorary Assistant Professor at Bond University Law Faculty in Australia.

Qualified and admitted to legal practice in Australia, Winnie is a bilingual academic with more than 20 years of teaching experience in Australia and Taiwan, with special focus on international arbitration and private international law.

Li, Fuldien
Fuldien Li is Professor of Law at Chinese Culture University, Taiwan, Chairman of Chinese Arbitration Association, Taiwan, and Managing Partner of Li & Partners, Attorneys at Law in Taiwan. He is also the Secretary-General of the Taiwan Private International Law Society, committee member of the Chinese (Taiwan) International Law Society, and of the Asia Pacific Regional Arbitration Group.

Fuldien was the founder and first dean of Shih Hsin University School of Law, and a visiting scholar at Yale University School of Law. He was also a national ombudsman of Taiwan's Control Yuan, a legislator of Taiwan's Legislative Yuan, and a key member of the law amendment committee for the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements. He has dedicated more than four decades to teaching and reforming the laws of Taiwan (including private international law and arbitration law).

Fuldien Li is Professor of Law at Chinese Culture University, Taiwan, Chairman of the Chinese Arbitration Association, Taipei, and Managing Partner of Li & Partners, Attorneys at Law in Taiwan.
Winnie Jo-Mei Ma is a resident arbitrator of The Arbitration Chambers in Singapore, and Fellow and Approved Faculty Member of the Chartered Institute of Arbitrators, UK.