PENG-KUANG CHEN 陳鵬光

Partner, Formosa Transnational, Attorneys at Law

Specialization

◎Construction Law

◎Joint Development Project

◎BOT Law

◎Arbitration

◎Mediation

◎Reconciliation

◎Government Procurement

◎Disputes arising from Construction Joint Ventures

◎Corporate Law

◎Litigation

Education

◎University of Washington School of Law, Global Law Program, USA (LL. M., 2014)

◎National Taiwan University, Department of Law (LL. M., 2002)

◎National Taiwan University, Department of Law (LL.B., 1997)

Experience

◎Director, Civil Procedure Law Research Fund

◎Member, Committee for the Study on Enactment of a Business Case Adjudication Act, Judicial Yuan

◎Lecturer, Program of Civil Procedure Practice for Pre-Service Training for Attorneys at theTraining Institute for Attorneys

◎Chairman, Civil Proceeding Laws Committee, Taiwan Bar Association

◎Vice Chairman, Civil Laws Committee, Taiwan Bar Association

◎Member, Construction Laws Committee, Taiwan Bar Association

◎Chairman, Civil Proceeding Laws Committee, Taipei Bar Association

◎Member, Civil Laws Committee, Taipei Bar Association

◎Member, Judicial Practice Research Committee, Taipei Bar Association

◎Supervisor, Judicial Reform Foundation

◎Part-time lecturer on civil procedure law at Tunghai University

◎Part-time lecturer on civil procedure law at Shih Hsin University

◎Attended Workshops: “2007 Cross-Strait Arbitration Workshop: Arbitration Law and Practice in China”, “Dispute Resolution Centre of the Chinese Arbitration Association: Arbitrator Training Courses”, “Mega International Commercial Bank Co., Ltd.: Legal Workshop”

◎Dealing (or dealt) with construction matters and disputes for numerous bureaus and companies, including Taiwan Area National Expressway Engineering Bureau, MOTC, Taiwan Area National Freeway Bureau, MOTC, Railway Reconstruction Bureau, MOTC, Intellectual Property Office, MOEA, Civil Aeronautics Administration, MOTC, Air Navigation and Weather Services, MOTC, Airport Development Engineering Office, Civil Aeronautics Administration, MOTC, Taipei Rapid Transit Corporation, System Wide Electrical & Mechanical Project Office, Department of Rapid Transit System, Taipei City Government, East District Project Office, Department of Rapid Transit System, Taipei City Government, Joint Development Division, Department of Rapid Transit System, Taipei City Government, Kaohsiung Mass Rapid Transit Corporation, Taiwan Power Company, Pacific Engineers & Constructors, Ltd., T.Y. Lin Taiwan Consulting Engineers. Inc., CECI Engineering Consultants, Inc., Taiwan.

◎Appeared before Taiwan Constitutional Court in oral arguments for Case Nos. 111 Xian Pan Tzu 9 and 10

◎Participated in applications for Judicial Yuan Interpretation Case Nos. 585, 603, 732, and 793.

◎Attending multiple Supreme Court oral arguments

◎Attending Supreme Administrative Court oral argument

◎Acted together with foreign attorneys in ICC arbitration (including but not limited to off-shore wind power disputes) as well as providing professional Taiwan law legal services.

Publications

[Chinese]

1. Exploring the Construction Law (co-author) (published by Formosa Transnational, Attorneys at Law)

2. Construction Disputes and Practice (co-author) (published by the Arbitration Association of the R.O.C)

3. Temporary Status Quo Injunctions for Commercial Cases One Year On – Focusing on Cases Arising from Exercising Rights to Convene Shareholder Meetings (Contemporary Law Journal 2022)

4. A Brief Comment on Supreme Court Ruling No. 257 (2020) and Its Procedural History: Procedural Participation by Successors in Litigation over Appointment of Ancestor Worship Guild Managers (FT Law Review, 2022)

5. Analysis of Key Points of the Commercial Case Adjudication Act--An Attorney's Perspective (FT Law Review, 2021)

6. Review of Supreme Court Decision 106 Tai-Shang Zi No. 1193—Revisiting the Issue of Whether the Statute of Limitation is Tolled After an Arbitration Award is Vacated—(Law Journal, 2019)

7. Expanding the Grounds for Annulment of the Arbitral Award upon the Agreement of the Parties (Law Journal, 2016)

8. Assessment of Damages (Formosa Law Review, 2012)

9. Assessment of Damages (Law Journal, 2011)

10. Calculation and Reduction of Liquidated Damages (FT Law Review, 2011)

11. Comment on Supreme Court Decision 96 Tai-Shang Zi No. 1412—Whether the Statute of Limitation is Tolled After an Arbitration Award is Vacated— (FT Law Review, 2009)

12. Legal Interests in Demanding Declaratory Judgments, Defendant’s Standing and Res Judicata of the Judgment in Litigation to Claim Annulment in a Shareholders’ Resolution (Law Journal, 2008)

13. Whether Properties Acquired before 4 June 1985 by Married Couples Should be Included within the Scope of Residual Property Distribution in the Family Law? (FT Law Review, 2002)

[English]

1. Is an Arbitration Clause Enforceable in Taiwan When Parties Agree to Expand the Grounds for Annulment of the Arbitral Award? －What Taiwan Can Learn from the American Experience

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