Our thinking

Strategies for protecting Taiwanese businesses from cross-border risks

What's inside

Current approaches for managing global growth

Executive summary

Managing efficient global growth requires Taiwanese corporate leaders to make a series of strategic decisions. Understanding key legal developments worldwide can help you plan your company's next steps.

For technology companies focused on cross-border growth and expansion, vital issues often include defending business innovations that you invested time and money to develop and avoiding problems with global regulatory authorities.

We have chosen topics for this publication to reflect key changes in multiple jurisdictions that offer new opportunities for Taiwanese businesses, along with updated guidance on how to manage potentially damaging legal issues.

Protecting your innovations has never been more important. Since the US market serves as a vital source of revenue for many Taiwanese businesses, this makes it critical to understand how the patent system is evolving in the United States. "A patent system at an inflection point: Start of a new era at the USPTO" reviews how changing rules may create stronger patent rights in the US and affect patent litigation strategies for Taiwanese companies. "Using US trade secret litigation to protect your business innovations" explains how the 2016 US Defend Trade Secrets Act and trade remedies at the US International Trade Commission can provide powerful remedies to help Taiwanese companies with business in the US protect their proprietary information.

As any company's business grows globally, inevitably the company becomes subject to regulatory oversight and litigation in a variety of countries for anti-corruption, antitrust and many other aspects of its business operations. "How to manage multijurisdictional compliance investigations" shows practical steps that Taiwanese businesses operating in a global context can take to conduct complex compliance investigations in multiple jurisdictions effectively. "Seeking amnesty internationally for cartel allegations" discusses whether, when and how Taiwanese corporations should request leniency from government prosecutors for potential antitrust violations and cartel conduct allegations. "European Commission fines for resale price maintenance in e-commerce" describes the risks for Taiwanese businesses when imposing fixed or minimum resale prices on distributors in Europe. Finally, "Trends in international arbitration for Taiwanese companies" highlights several results from a 2018 White & Case survey for Taiwanese companies interested in international arbitration as a dispute resolution mechanism.

We look forward to discussing these and other issues with you.

A patent system at an inflection point: Start of a new era at the USPTO

Changing rules may start moving the pendulum toward stronger patent rights and affect patent litigation strategies for Taiwanese companies

Read 5 min. article
Woman usng Virtual Reality technology

Using US trade secret litigation to protect your business innovations

Powerful US remedies can help protect valuable proprietary information, even if your business is headquartered in Taiwan

Read 6 min. article
transistor

How to manage multijurisdictional compliance investigations

Taiwanese businesses operating in a global context need strong mechanisms to investigate and manage potential cross-border misconduct

Read 4 min. article
server room

Seeking amnesty internationally for cartel allegations

Whether, when and how Taiwanese corporations should request regulatory leniency for potential antitrust violations

Read 4 min. article
Cryptocurrency Mining Machine

European Commission fines for resale price maintenance in e-commerce

The risks for Taiwanese businesses when imposing fixed or minimum resale prices on distributors

Read 4 min. article
large distribution warehouse

Trends in international arbitration for Taiwanese companies

Highlights from White & Case's recent survey results

Read 3 min. article
manufacturing equipment

Trends in international arbitration for Taiwanese companies

Highlights from White & Case's recent survey results

Insight
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3 min read

This year, White & Case partnered with the School of International Arbitration at Queen Mary University of London to conduct a survey of participants in the field of international arbitration, including private practitioners, full-time arbitrators, in-house counsel, experts and other stakeholders.

These survey results hold intriguing findings for Taiwanese companies interested in international arbitration as a dispute resolution mechanism.

 

A clear preference for arbitration

The vast majority (97 percent) of the survey respondents stated that international arbitration is their preferred method of dispute resolution, either on a stand-alone basis (48 percent) or in conjunction with alternative dispute resolution (ADR) (49 percent).

Arbitration is a go-to resolution mechanism for many Taiwanese cross-border business disputes.

However, our survey found that many companies worldwide are increasingly resorting to various forms of ADR in the hope of finding even swifter and more cost efficient resolutions to disputes before conducting arbitration.

Globally, corporations—through their in-house counsel—displayed a strong preference for international arbitration (either as a stand-alone method or in conjunction with ADR) over litigation for several reasons. Our survey respondents perceived the enforceability of awards as arbitration's most valuable characteristic, followed by arbitration's utility in avoiding specific legal systems/national courts, flexibility and the ability of parties to select their own arbitrators.  They viewed arbitration's costs and lack of effective sanctions as its worst features.

 

Preferred arbitration seats and institutions

Survey respondents globally stated that their five most preferred seats of arbitration are London (64 percent), Paris (53 percent), Singapore (39 percent), Hong Kong (28 percent) and Geneva (26 percent). This gives Taiwanese companies two highly respected arbitration seats nearby in the Asia-Pacific region.

These preferences were primarily determined by each location's general reputation and recognition, followed by users' perceptions of the neutrality and impartiality of their legal systems and their track records in enforcing agreements to arbitrate and arbitral awards.

The five most preferred arbitral institutions were the International Chamber of Commerce (77 percent), the London Court of International Arbitration (51 percent), the Singapore International Arbitration Centre (36 percent), the Hong Kong International Arbitration Centre (27 percent) and the Arbitration Institute of the Stockholm Chamber of Commerce (16 percent).

Again, Asia-Pacific arbitral institutions performed well among global perceptions.

 

The perceived future of international arbitration

International arbitration generally has not been supported to the same degree in all industries and sectors.

Generally, survey respondents said they believe the use of international arbitration will likely increase in several key industries, including energy (85 percent) construction/ infrastructure (82 percent), technology (81 percent) and banking and finance (56 percent).

For example, respondents expect the technology sector would become more inclined to arbitrate disputes if more industry and sector-specific arbitral rules are introduced to reflect the specificities of disputes in this sector (such as enhanced rules regarding confidentiality of proceedings and proprietary information).

A significant number of respondents believe that arbitral proceedings could become more efficient through an increased use of technology. A large majority believe that videoconferencing (89 percent), cloud-based storage (91 percent) and hearing room technologies (98 percent) are tools that arbitration users should use more often. 66 percent of respondents suggested an increased use of virtual hearing rooms, and 78 percent indicated that artificial intelligence is a form of technology worth using more often in arbitration. These trends reflect the fact that respondents expect that technology can streamline the arbitration process and save significant costs by conducting hearings and meetings via videoconferencing and similar tools that do not require parties to be physically present.

This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
© 2018 White & Case LLP

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