The Study of Developing Maritime Arbitration of Taiwan- Centering on the Maritime Law and Arbitration Law System

• Main Authors: Tung, Kun–Han, 董昆翰
• Other Authors: Jui–Cheng Jao
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/kxmm9q

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 106 === The first chapter of this thesis is the research motive and purpose. Taiwan is a sea-island country surrounded by sea, maritime-based international trade is the lifeline of our economy. In the long-term economic development, Taiwan established a world-class marine industry. In marine industry activities, there may be commercial legal relations or marine protection and other legal issues, which are related to the maritime legal system. If Taiwan can make good use of the professional knowledge accumulated by the marine industry, we can build a perfect maritime legal services industry while developing the marine industry. Not only for the country to add a competitive advantage of the industry, but also by the maritime legal services to support the development of Taiwan's marine industry, safeguarding the interests of our country. In order to develop maritime legal services, the parties who wish to attract maritime disputes are willing to settle disputes locally. Therefore, countries which interested in developing maritime legal services are more likely to establish maritime courts and maritime arbitration institution as important national policies. And in maritime disputes, disputes are normally submitted to arbitration for resolution. At this time, Taiwan government intends to develop the arbitration industry, the thesis focused on the comparison of the international maritime law and arbitration legal system from Taiwan and other countries. It will be a reference for future maritime arbitration policy and a way to find out the improvement of our legal system. Then, the second chapter introduced the basic concepts of maritime dispute and arbitration system, such as the meaning, history and kinds. The third chapter introduced the arbitration practice of all kinds of maritime disputes and the necessary conditions for the development of maritime arbitration in Taiwan, and discussed the direction in which Taiwan can now proceed immediately. The fourth chapter mainly introduced the international legislation relating to maritime arbitration and other international legislation. The fifth chapter introduced the development of Taiwan's arbitration legal system and compares the international legislation mentioned in the previous chapter with Taiwan's law to find out the improvement of our country's arbitration law and maritime law. It also made recommendations on Taiwan's law. Chapter six summarized the previous five chapters, and put forward the views of personal research after understanding the maritime arbitration in Taiwan and the international development of the situation.