Litigation
Litigation in Taiwan is very different from litigation in western common law jurisdictions. Judges exercise very broad discretion to conduct proceedings in the manner they deem fit. There is very little pre-trial discovery, no pretrial conference and less rigid enforcement of rules of evidence. Cases are decided by professional judges, not by juries. Criminal law is frequently relevant in commercial disputes. Pleadings and most written evidence must be submitted in Chinese. Also the judge controls the proceeding therefore, it is essential that a successful litigation attorney be able to predict the judge's concerns and conclusions.

Yangming Partners' attorneys have extensive experience in a broad range of Taiwan commercial litigation, both civil and criminal. Firm specialties include commercial contract litigation, construction litigation and the enforcement of intellectual property rights. In contrast to many Taipei litigation firms, Yangming's attorneys are prepared to work closely with a client's in-house or outside counsel, assembling evidence, developing strategy, and anticipating and responding to the court's concerns. It is impossible to control how any litigation matter develops, but Yangming's attorneys help clients understand Taiwan's judicial system and help Taiwan's courts understand international business transactions, documents and disputes.

The firm's dispute resolution practice is led by Anthony Ming Tong Lo, one of Taiwan's most experienced litigators.

Arbitration and Alternative Dispute Resolution
The firm's lawyers have been involved in a broad range of matters in which alternative dispute resolution methods have been adopted, including arbitration and mediation. These matters have involved representation of clients in arbitration proceedings conducted in Taiwan as well as in connection with arbitration proceedings involving Taiwan parties which are conducted in jurisdictions outside Taiwan. Mediation, particularly in government procurement matters between private contractors and government entities in Taiwan under contracts which call for mediation by government mediation boards is another area of practice which has seen increased activity in recent years. Anthony Lo serves as a member of the Legal Affairs Committee and the Government Procurement Complaint Review Board of the Public Construction Commission which gives the firm unique insight into the policies and procedures of Taiwan government agencies in disputes with private contractors. Anthony Lo has also served as arbitrator in a large number of arbitrations, including arbitrations conducted under the Taiwan and the ICC Rules.

The following are representative cases recently handled by the Dispute Resolution Practice Group: