Ciarb Taiwan on Renewable Energy

Ciarb Taiwan YMG was pleased to join and contribute to the panel for the 4th Annual Ciarb EAB YMG Conference on 23 February 2023. The panel was co-hosted by Ms. Jennifer Wu MCIArb and Dr. Pei-Jung Li MCIArb, and three distinguished panelists: Dr. Helena Chen C.Arb FCIArb, Ms. Monica Wang FCIArb and Mr. Jeffrey Lo MCIArb, who were invited to share their thoughts on theme ‘Arbitration in Renewable Energy Sector’.

Mr. Jeffrey Lo MCIArb (Senior Counsel at Kuo & Kuo Attorneys-at-Law) presented about windfarm projects in Taiwan, the relevant regulatory framework and policy aspects that may affect the nature of disputes as well as their settlement. Jeffrey also pointed out some political and legal risks, and the latter was further elaborated by Ms. Monica Wang FCIArb (Partner at Formosa Transnational Attorneys-at-Law, and the Secretary-General of Taiwan Chapter) in her presentation. Monica discussed the use of arbitration in the renewable energy sector by depicting the structure of cross-border renewable energy disputes and highlighted two problems that lie within, which are the seat of arbitration and the governing law. Monica further invited the audience to take a quick glance over some constraints of the arbitration law in Taiwan, e.g., the unavailability of interim relief.

Lastly, Dr. Helena Chen C.Arb FCIArb (Managing Partner at Chen & Chang Attorneys-at-Law and the Convenor of the Taiwan Chapter) delicately mapped-out various possible claims that may arise in the renewable energy sector, such as claims related to a joint venture, weather conditions, COVID-19, construction, etc.). Helena also provided some leading cases to highlight the complications and the possible twists that may arise at the stage of dispute resolution. This may include the use of multiple laws (the foreign governing law and the Taiwan law), multi-tiered dispute resolution framework, and the challenging issue of language and translation.

The panel received great feedback from the audience. In the Q&A Session, the panel answered a few questions concerning the possible intertwining laws (foreign law and Taiwan law) at the dispute resolution stage, and the unique features of the Taiwan experience in renewable energy projects.

[From top left to bottom middle] Ms. Jennifer Wu MCIArb (Co-Chair of Ciarb EAB YMG), Dr. Helena Chen C.Arb FCIArb (Convenor of Taiwan Chapter), Dr. Pei-Jung Li MCIArb (Chair of Taiwan YMG), Ms. Monica Wang FCIArb (Secretary-General of Taiwan Chapter) and Mr. Jeffrey Lo MCIArb.