Peng Kwang Chen

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