Dispute Resolution

Formosa Transnational (FT) is so well regarded in the field of dispute resolution, that even Taiwan judges and attorneys frequently praise the quality and cautious handling of dispute resolution by FT attorneys. In recent years, arbitration has become widely popular alternative form of dispute resolution in Taiwan. FT attorneys, with many years of litigation experience, utilize the skills and experience accumulated from litigation in matters that have been submitted to arbitration so as to deliver high quality legal services to clients.

Formosa Transnational is renowned for its cautious and conscientious approach towards handling cases. FT teams are especially devoted to researching, analyzing and finding solutions to difficult issues. There are forum held on weekly basis, in which the attorneys and legal professionals enthusiastically participated. In the forums, the latest amendment in laws are shared amongst the participants, while different perspectives of legal issues are exchanged. Where difficulties have arisen or encountered in the course of handling the cases, the participants have opportunity to raise it in the weekly forum, which is then widely discussed and debated amongst the participants with goal to find innovative and effective resolution to problems. Continuous discussion and debate can virtually solve any difficult legal issues, which can be seen as a distinctive characteristics at Formosa Transnational.

In the present day where legal Services are increasingly day by day calling for specialization, Formosa Transnational has pinpointed such trend and formed litigation, arbitration department, in addition to the founding partners, under the leadership of partners that have abundant litigation and arbitration experience, integrated with more than ten brilliant attorneys can deliver more professional and multi-faced litigation and arbitration services.

Litigation

Civil Litigation

Formosa Transnational is reputable in civil litigation matters, and has handled countless civil litigation cases involving complex issues. In the recently years, the Civil Procedure Code had underwent substantial reform in the provisions concerning the identification of issues, examination of issues on the German maxim “Konzentrationsmaxime” (concentration of identified issues), and prohibiting parties to raise new argument and defenses in second instance and adopting leave for appeal system in third instance as well as retaining attorneys as agent ad litem, which have advanced the civil procedure proceeding into a professional direction. Such advancement in the civil procedure proceeding calls for a team of professional expert in civil litigation from Formosa Transnational to assist clients in the most effective handling of civil lawsuits. The civil matters that our firm deal with spread across a wide area, including but not limited to civil procedural proceeding, preservation proceedings (provisional attachment proceeding, preliminary injunctive proceeding), compulsory execution proceeding, recognition of foreign judgment, marriage, children and succession law matters.

Criminal Litigation

Protection of human rights and social justices are duties imposed upon attorneys and has been a goal which our firm has always aimed to work towards. Therefore criminal defense and filing criminal complaint on behalf of victims via public prosecution or private prosecution is the main emphasis of our firm. Our firm has always uphold a passionate and compassionate attitude, via mutual collaboration with professional team to study into case, excavate evidence beneficial to the case and to raise accurate and powerful allegation, fluent persuasive debate amplify the function of attorneys. In the period between 2002 and 2003, criminal procedural code underwent major amendment, which expressly extended many general principle of criminal procedures, within these revisions, the implementation of cross-examination system between prosecutor and defendant, which completely changed traditional inquisitorial style exercised by Judges. The role of attorneys is particularly important in this context. Regarding this new system, the courts and attorneys are still grasping the concept. Our firm has especially convened related seminars and actively participate in continuing legal education and training to strengthen practical experiences to accommodate for major reforms to the criminal procedure system. The firm also has substantial expertise in the handling of foreign jurisdictional criminal cases and has gained client’s trust and confidence in providing remedies to client’s best interests. Our firm is also experienced in criminal cases where client is a foreigner, or the commission of act occurred in mainland china or other countries and is competent providing defence and collection of evidence and interrogation of witnesses to ensure client’s interest and social justice can be uphold, so as to uncover real facts surrounding the circumstances whereby human rights can be effectively protected. Regardless of whether the matter involves criminal defense (including litigation, investigation proceedings), public prosecution, private prosecution, indictment against foreign client, deposition undertaken in Taiwan where lawsuit has been initiated in foreign jurisdiction, assist in interview of witnesses, and cross-strait criminal matters are all matters in which our firm has substantial experiences in and can handle most competently.

Arbitration

Arbitration is an alternative form of dispute resolution for clients, the advantages of arbitrations is that is fast and economical. Basically, a final arbitral award can be obtained within 6 to 9 months, and the parties can voluntarily elect persons with professional background and knowledge as aribitrators which compose the arbitral tribunal. Therefore, in matters that involves technical issues, aribitral awards often are acceptable to clients. There are many attorneys in our firm that are presently or had acted as members of R.O.C Arbitration Association or had acted as arbitrator or agents ad litem in arbitration cases, and professed with professional knowledge and experiences in various arbitration matters such as construction, trade, maritime, International Commercial Committee (ICC) or enforcement of foreign and domestic arbitral award.

Arbitration

Administrative Relief

Where citizens feels that administrative decisions from Central or local government is inappropriate or is contravention against the law, which is detrimental to their rights or interests may apply for administrative law pursuant to law. The promulgation of Administrative Procedural Law expressly regulated all types of administrative actions that can be raised including actions to set aside the decision, actions to endorse the decision and actions for payment, as well as entitling citizens to instigate actions to endorse that the administrative decision is invalid or whether the legal relationships exists under public law, furthermore, citizens may instigate proceedings to claim for payment of properties based on grounds under public law or payment of non-proprietary assets other than administrative decision. Furthermore, Such law has incorporated provisions whereby citizens with purpose to protect public interest may bring administrative action that are unrelated to their own rights or interests at law, for acts by administrative agencies that are in contravention with the law. The administrative procedure is gradually becoming sophisticated and comprehensive, its practical operations are common and becoming important. Our firm are experienced in administrative relief that can be sought, regardless of whether the matter involves appeals, re-appeals, objections etc.