Services
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Administrative Litigation
State Compensation and Disciplinary Sanctions of Public Functionaries
International Commercial Arbitration
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Increasing diversity in society results in increasingly complicated disputes. Civil litigation often involves a wide variety of professional fields. Attorneys, in addition to their legal expertise, need to know enough about other fields to be able to handle complex civil litigations and protect the interests of their clients. Gaining this ability to work well in fields outside the legal profession has become the biggest challenge facing practicing attorneys today.
Traditionally, attorneys needed to focus on the law to handle cases without possessing professional capabilities in other fields. However, with drastic changes occurring in society, attorneys without other professional capabilities cannot be expected to precisely and properly handle complicated and professional civil cases.
Though most attorneys at Iustitia Law Firm hold law degrees, all of our attorneys must go through our lengthy on-the-job training to gain professional knowledge in non-legal fields, cultivate their humanity, and amplify their life experience. Iustitia Law Firm has established a mechanism to integrate our division of labor by specialty. We demand that our attorneys possess broad perspectives to strengthen their capabilities to resolve diverse disputes. Some of our attorneys studied science or engineering in college. Handling civil cases involving their areas of expertise, they have been able to easily get a good grasp of the case, list core points of contention, and offer precise, appropriate legal opinions.
Iustitia Law Firm has handled a wide range of civil litigation cases that has encompassed many fields. Our cases are of superior quality, and we have high rates of wins in court decisions. Our professional capabilities have won high praise of government agencies and our clients in and out of Taiwan.
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In the criminal litigation cases that Iustitia Law Firm has handled, the firm acted as the defense attorney for suspects or defendants during investigation or trial, agent of the complainant or agent of the informer, or the agent ad litem in criminal litigation with supplementary civil actions.
In criminal cases, attorneys may start to get involved by acting as the defense attorney when investigating organizations, the police, or agencies against corruption begin to interrogate the suspect. When the prosecutor starts to exercise compulsive measures, search the suspect or related places, or detain the suspect, the attorney may be present at the scene of a search or a seizure to capture any unlawful act. When the prosecutor arrests the defendant or petitions the court for detention, the attorney may represent the frightened defendant in the proceeding to argue against such decision. Any defense attorney, who does his or her job right, should provide the defendant with delicate and thoughtful legal advice every step of the way during the investigation or trial to protect the physical freedom of the defendant from being infringed upon by the state, protect the defendant from abusive prosecution and, fight for the maximum benefit of the defendant, who is being tried by the court.
Good criminal defense attorneys must be articulate, be fluent, and be persuasive as well as they must be concise and be able to summarize points of contention. Guided by the principle of evidentiary adjudication (PEA) and the principle of nemo tenetur （i.e., or right to silence), a defense attorney must be thoroughly familiar with evidence principles, not be shy about leaving out unfit evidence, actively petition to pursue the investigation of evidence that favors the defendant, be familiar with techniques of cross examination, keep up with best practices, and based on objective considerations adopt a defense strategy that favors the defendant. If hired to act as agent of the complainant or agent of the informer, an attorney should actively help the prosecutor investigate the evidence, offer reasonable legal opinions, enable the prosecutor to play the role of the revealer of the illegal deeds and the people who did such deeds, establish adequate evidence upon which to prosecute the defendant, enable the defendant to acknowledge his guilt, and lead to the sentencing of the defendant during trial.
The attorneys of Iustitia Law Firm have rich experience and are adept in techniques used in criminal cases. They have enjoyed a good reputation. They have handled high-profile criminal cases, achieved excellent results, and earned the trust of the parties involved. Our attorneys have represented the Vice President, the premier, ministers, legislators of all parties, Taiwan Province governors, county magistrates, city mayors, elected representatives at all levels, entrepreneurs of groups or companies, hospital superintendents, police chiefs, and ordinary citizens. Handling criminal cases in all corners with excellent results, our attorneys have built for themselves a considerable reputation and achieved high stature.
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Administrative Litigation
Administrative litigation is a review process for disputes under public law that fall under the jurisdiction of the administrative court whose final court of review is the administrative court. It includes administrative appeals and administrative litigation.
When administrative acts by the central or local governments are considered illegal or improper conduct that has caused people to suffer loss of their rights or benefits, the people may raise an administrative appeal. Administrative litigation is a process through which people seek remedy in the administrative court when their rights have been damaged by actions of public law or when people dispute their rights or responsibilities under public law.
Iustitia Law Firm has acted as agent for government agencies in administrative appeals and administrative litigation as well as agent for people in administrative appeals and administrative litigation. According to Judicial Authority’s statistics, the odds of the people prevailing in administrative litigation were quite low. However, when we represented people in administrative litigation, we have achieved rather high rates of winning our cases, which encompassed a wide range of fields, such as government procurement, cases under the Act for Promotion of Private Participation in Infrastructure Projects, taxes, education, and environmental protection—proof enough that our attorneys are professionally competent in handling administrative litigation.
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State Compensation and Disciplinary Sanctions of Public Functionaries
A state compensation event is an event for damages that people suffer under public law. There are two ways for people to seek state compensation. They may attach a request for state compensation to their administrative litigation case, or they may initiate a civil suit. In the process of public functionaries carrying out their duty, if they, either intentionally or if they are at fault, infringe on the freedom or rights of people, the state should be responsible for the damages. If public functionaries, as a result of their failure to do their jobs, infringe on the freedom or rights of people, the state should likewise be responsible for the damages. If the equipment or management at public-owned facilities cause damage to people's lives, bodies, or properties, the state should be responsible for the damages.
The disciplinary sanctions of public functionaries are administered by the Commission on the Disciplinary Sanctions of Functionaries of Judicial Yuan(the Supreme Judicial Authority of Taiwan). When public functionaries perform their job illegally, idly or negligently, and cause seriously damage the reputation of the government even though they do their job without violating the law, they should accept disciplinary sanctions.
The attorneys of Iustitia Law Firm have rich experience in state compensation cases. They handle the cases with poise and control, and they deliver excellent results. One of our attorneys was the first in Taiwan to review documents at the Commission on the Disciplinary Sanctions of Functionaries and to handle a case in court.
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Iustitia Law Firm has been in business for more than 40 years since its founding. It has been involved in numerous construction cases ever since. It has been legal counsel for government agencies, public or private corporations, or construction consulting or construction firms. It has been an arbitrator in cross-trait affairs, and it has been an agent or counsel/consultant or expert witness for parties involved in international arbitration cases. Almost all of the cases involved construction cases inside Taiwan or internationally. We have become keenly aware that the progress of national construction is often at stake in construction disputes that involve technical issues between construction owners and contractors and disputes about facts, legal principles, and positioning to gain the best advantage. Therefore, Iustitia Law Firm has established an elaborately refined process flow for construction cases to help government or companies reasonably resolve construction disputes. We have earned a high degree of confidence from the government and the construction firms.
In the years past, a construction contract was a mere legal document, the parties to which only realized its significance when they ended up in a court of law or arbitration. In recent years, however, the nature of construction cases has become more complicated and the scale more massive. Therefore, the firms involved must elevate their professional levels of management, methods of construction, and technical aspects in order to keep up with the times and this evolving trend. Furthermore, the rising awareness that the parties to a contract are equal in their rights has raised the significance of the role that construction contracts play in the execution of construction cases.
All attorneys at Iustitia Law Firm have rich experience and theoretical knowledge in the risk evaluation of contracts. They can assist clients with understanding the meaning and risks of contract articles and to quickly find ways to solve problems. The attorneys' expertise even extends to the stages of contract bidding, negotiation, and signing. With their customary enthusiasm and rich practical experience, they can help guide parties to a contract to sign a doable, fair, and reasonable contract.
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Iustitia Law Firm has gained considerable experience and has won accolade from our clients over the years of handling countless real estate cases, such as drafting real estate transaction contracts, sales through a broker, establishing a performance guarantee mechanism, drafting contracts for construction financing and trust under urban regeneration programs, drafting contracts for co-developments, parcel subdivision, inheritance of real estate, taking possession of land from a larcener, termination of superficies, converting superficies of an undefined duration into a defined duration, land surveys, registration of real estate, development of real estate, confirmation and recovery of reclaimed land, real estate investment trusts, using real estate to pay inheritance taxes, and termination of a land leases under the 37.5% Arable Rent Reduction Act to retake possession of the land. Over the decades, Iustitia Law Firm has solved major real estate problems for its clients, winning a solid reputation within the circle of lawyers.
Our Firm offers the following real estate services:
• Drafting real estate transaction contracts
• Sales through a broker
• Establishing a performance bond mechanism
• Drafting contracts for construction financing and trust under urban regeneration programs
• Drafting contracts for co-developments
• Parcel subdivision
• Inheritance of real estate
• Taking possession of land from a larcener
• Termination of superficies
• Converting superficies of an undefined duration into a defined duration
• Land surveys
• Registration of real estate
• Development of real estate
• Confirmation and recovery of reclaimed land
• Real estate investment trusts
• Using real estate to pay inheritance taxes
• Termination of a land leases under the 37.5% Arable Rent Reduction Act to retake possession of the land
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Applying its legal expertise, Iustitia Law Firm has devotedly brought employees and employers to work together harmoniously. Accordingly, it has possessed rich experience and achieved excellent results. Over the decades, the Firm has helped establish work rules for its clients, drafted various employment contracts, provided reconciliation proposals for labor disputes, participated in the handling of labor disputes, provided labor laws consultation services, established non-complete and employee confidentiality clauses, handled all types of labor litigation, and provided labor with consultation services on safety & health, and labor insurance—all with abundant success, all winning resounding accolades.
The National Highway Bureau in Taiwan dismissed all toll collectors after it had adopted an electronic toll collection system. The contractor for the electronic system did not do a thorough job in placing the displaced toll collectors in new employment, so the collectors had strongly protested for several years. Iustitia Law Firm helped the government handle this significant dispute between employees and employer. The firm applied laws and regulations, took into account human emotions and other factors, and appropriately resolved this dispute with a good conclusion.
Our Firm offers the following employee/employer relation legal services:
• Help establish work rules
• Draft various employment contracts
• Provide reconciliation proposals for labor disputes
• Participate in the handling of labor disputes
• Provide labor laws consultation services
• Establish non-competitive clauses
• Establish employee confidentiality clauses
• Handle all types of labor litigation
• Provide labor with consultation services on safety & health
• Provide labor with consultation services on labor insurance
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Corporate governance is a set of programs, conventions, policies, laws, and organizations that concern the management and control of a corporation that include rules, rights and responsibilities, relations, systems, and procedures. The main purpose of corporate governance is to provide through management, supervision and control mechanisms to protect the rights and benefits of interested parties, prevent the pitfalls of running businesses, and to ensure the sustainable evolution of the company.
Iustitia Law Firm, in the role of an intermediary, has long assisted its corporate clients to establish the organizational framework and supervising mechanisms of their boards of directors, and especially the disclosure of information about the businesses. The Firm has played the role of a supervisor, enhanced businesses' transparency, and prevented any internal manipulation.
Our Firm provides the following legal services regarding corporate governance:
• Remind our clients to strengthen the transparency of their corporate information based on the Corporate Governance Best Practice Principles formulated by the Executive Yuan (the Cabinet of Taiwan).
• Assist our corporate clients that are TWSE listed companies or GTSM companies to govern their corporations by following the Corporate Governance Best Practice Principles for TWSE/ TPEx Listed Companies.
• Serve as an independent director or supervisor of our corporate clients that are TWSE listed companies or GTSM companies.
• Assist our corporate clients with following the related rules and regulations on the reliability of information, the content of information disclosure, and the assessment of the timing and methods of information disclosure.
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Ever since the Government Procurement Act was promulgated and put into effect in 1998, Iustitia Law Firm has studied the laws and regulations that concern government procurement and paid close attention to the relevant interpretations issued by governing agencies. We, therefore, have been able to provide legal consultation services on government procurement for organizations, schools, corporations, and individuals. Our outstanding performance has led the Public Construction Commission of the Executive Yuan to appoint some of our attorneys to mediation commissions, and some of our attorneys have been commissioned to serve on procurement evaluation committees. In the past 20 years, countless clients have contracted Iustitia Law Firm to represent them to handle disputes with regards to government procurement, complaints, administrative litigation, and mediation of performance disputes. Our attorneys are well versed in the appeal review rules for procurement and the rules for mediating performance disputes.
Our Firm handles the following government procurement matters:
• Draft bidding specifications
• Assist tenderers with applying to the procuring agency for clarification about the specifications, raise objections, and with submitting complaints to the Public Construction Commission of the Executive Yuan
• Assist tenderers with initiating administrative litigation
• Assist tenderers with handling the mediation of performance disputes
• Assist tenderers with filing civil litigation cases
• Defend public servants, consigned manufacturers or tenderers who are involved in criminal procurement cases
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The Act for Promotion of Private Participation in Infrastructure Projects was enacted and promulgated on February 9, 2000 in Taiwan. It imitates the Public Private Partnerships, or PPP, of the United Kingdom. Vigorously advocated by the Taiwanese government, this act has become a rather important piece of legislation in Taiwan.
Iustitia Law Firm started helping the Freeway Bureau of the Ministry of Transportation and Communications in Taiwan (hereinafter referred to as the “Freeway Bureau”), to conduct the selection process for the case of “private participation of the establishment and operations of the electronic toll collection (ETC) project for freeway .” The Freeway Bureau asked us to handle the appeals and administrative litigation following the evaluation process for the first and second stages of this BOT project. In the process of handing all of this, we often raised creative and forward-looking legal propositions that helped the Freeway Bureau overcome many hurdles and shrink the range of BOT matters that needed to be reverted to stage two of the evaluation process. We helped the Freeway Bureau smoothly carry out the second stage of the evaluation process, select the superior bidder without further incidents, negotiate the contract, and sign the contract with the preferred bidder — bringing the largest legal storm in the history of public construction in Taiwan to a peaceful conclusion. The freeway electronic toll collection system was then built smoothly and has been running smoothly, benefitting drivers. We further represented the Freeway Bureau to litigate for consequential damages. We comprehensively defended the interests of the Freeway Bureau and users of the freeway, and we spared the national coffers from paying a lot of expenses.
The administrative litigation case for the ETC was unprecedented. The legal issues involved in this case were hot topics of discussion in the circles of administrative law as well as on the syllabuses of many law schools. The special project team at Iustitia Law Firm participated in the reversion to the second stage, in such matters as drafting supplemental documents for bidding, clarification, the evaluation of the operational performance of the ETC, drafting the organizational charter of the mediation committee, and the discussion, negotiation, and signing of the contract. As the legal advisors to the Freeway Bureau during the evaluation process and during the period of operations, we offered diverse and a broad range of legal propositions about the promotion of private participation in the ETC case. Other than participation in various litigated cases about the BOT, we have accumulated a wealth of practical experience.
The Firm’s attorneys have been legal advisors to other organizations, schools, and businesses in their BOT cases. We have represented clients in civil and administrative litigations, achieving superior results and winning the trust of the interested parties.
Our Firm offers the following legal services for the promotion of private participation cases.
• Establish bidding specifications for the procuring agency
• Assist the procuring agency with handling clarifications, objections, complaints, and coordination with participating firms before the bids are opened
• Represent the procuring agency to file administrative litigation cases with regards to contracting
• Assist the procuring agency with negotiating with the best applicant
• Assist the procuring agency with resolving contact performance disputes
• Assist the procuring agency with making proper statements or announcements about the mediation committee
• Assist bidding companies with applying for clarifications, objections, complaints, and administrative litigation
• Assist the best applicant with conducting negotiations with the procuring agency for contracting
• Assist the best applicant with resolving contract performance disputes
• Represent the best candidate to prosecute civil litigation
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International Commercial Arbitration
Arbitration of international commerce is a mechanism to resolve disputes in international commerce. The mechanism allows for the inclusion of an arbitration clause in a commercial contract between parties to international commerce, where the parties agree to submit their disputes about the performance of the contracts to an arbitrator or three arbitrators from a specified international arbitration organization who will—applying rules for international arbitration and the governing law agreed to by the parties using the language that the parties agreed to—carry out the arbitration process and render an arbitration award that is final and binding to both parties.
International commerce arbitration organizations are mostly based in Europe, such as the arbitration court affiliated with the International Chamber of Commerce, Arbitration Institute of the Stockholm Chamber of Commerce, and the London Court of International Arbitration. The arbitration court affiliated with the International Chamber of Commerce has established branch offices in Hong Kong and Singapore, respectively. Some of the more important international arbitration organizations in the Asian-Pacific region include China International Economic and Trade Arbitration Commission, Hong Kong International Arbitration Centre, and Singapore International Arbitration Centre.
One of the attorneys at Iustitia Law Firm has been an expert witness, legal counsel, or agent in arbitration cases heard in the arbitration court affiliated with the International Chamber of Commerce. Our Firm is familiar with rules of international commerce arbitration, fluent in written and spoken legal English, and has partnered with an international law firm well known for handling international commerce arbitration cases in France and Germany. Not only can our attorneys act as the arbitration agent for our clients, but also they can help clients choose professional and dependable agents or expert witnesses. Moreover, we can recommend proper arbitrators, and provide professional legal consultation in arbitration proceedings.
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An alternative to litigation, cross-strait arbitration is a mechanism for disputing parties across Taiwan Strait to resolve their differences. It is a model of conflict resolution that orients toward rights and responsibilities. Three main reasons explain why arbitration is used. First, it respects people’s choice of methods to dispose of their rights. Second, it is more economical than litigation, and it saves judicial resources of the nation. Third, it builds up the credibility of the legal system and elevates the confidence that people have in the mechanism of dispute resolution.
Iustitia Law Firm attorneys are arbitrator members of the Chinese Arbitration Association, Taipei, Fuzhou Arbitration Committee, Tianjin Arbitration Committee, Zhanjiang International Arbitration Committee. They have been able to fairly, objectively, professionally, and effectively arbitrate cross-strait commercial disputes. Their arbitration judgment opinions use elegant language, provide in-depth analysis, offer precise legal opinions and clear logical reasoning, itemize clearly and layered the argument—all to convince the parties to mediate. The attorneys at Iustitia Law Firm are the best arbitrators of choice to resolve your cross-strait commercial disputes.
When the attorney at Iustitia Law Firm acts as an agent for one of the parties in arbitration, he or she is always on the lookout, professionally, for your interests. He or she always strives to get the best results. Our Firm’s attorneys are the best arbitrators for your cross-trait commercial disputes.
The roles that our Firm’s attorneys may play in cross-strait arbitration:
• Arbitrator
• Agent in an arbitration
• Expert Witness
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Alternative dispute resolution (ADR) takes on three models: commercial coordination, rights and responsibilities, and a blended model. The commercial coordination oriented model includes two types: settlement out of court and mediation.
Settlement: A concrete dispute resolution model that the two parties discussed, negotiated, and achieved.
Mediation: This is a Common Law term that is referred to as “conciliation” in civil law. Though the origins vary, mediation and conciliation are now almost synonymous. Mediation means that the two parties, with the help of a third party, reach an agreement to resolve disputes. Mediation can be of facilitative or evaluative styles. In the facilitative style, the mediator plays the role of a facilitator to facilitate the exchange of information between the two interested parties, to help the parties reiterate their position and interests, to encourage each party to comprehend or affirm the interests of the other party, and to help each party formulate things that may lead to a settlement. In the evaluative style, the mediator usually performs evaluative acts and takes the initiative of suggesting proposals to help the parties resolve their disputes. The attorneys of Iustitia Law Firm have represented its clients to participate in many settlement negotiations with significant outcomes that protect the rights and benefits of the interested parties. In the process of discussion and negotiation, our attorneys have been successful in handling the situation with precision, grasping the timing and extent of concessions, and helping the parties timely reach the goal of a settlement to preserve their interests.
Whether facilitative or evaluative mediation, the attorneys at Iustitia Law Firm have offered the parties reasonable analysis and pointed out appropriate suggestions to resolve disputes and protect the rights and benefits of the interested parties.
