Legal contract

I would like to draw up a contract between 2 educational institutions. It relates to a referral agreement and a fee structure for stated referrals.

My questions is: if the contract is written only in English is it enforceable in Taiwan?

Every contract has a pathway for dispute resolution. I would like to use mediation and have the applicable legal system be that of Taiwan.

If I have it translated into Chinese, will the Chinese version prevail if the worst happens and dispute resolution needs to be entered into?

All the bilingual contracts I’ve had say “if there is a discrepancy in the wording, the Chinese contract prevails”. If you’re worried, just change that to say “the English contract prevails”.

I’ve had contracts in Taiwan written in only English. They seem to be from people who I need to fight with the least about the content of them…

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Thanks mate. I will keep it simple and as non-adversarial as possible.

I wonder if legally stating the English version prevails would be legally enforceable.

Well, when in doubt, involve a lawyer, especially if large sums are at stake.

Marco has a lawyer he always use…

not a lawyer, but yes, why not?

It’s also important to remember that in Taiwan contracts sometimes have little meaning. Especially when they involve foreigners and locals…and even more so when it comes to the world of certain “educational institutions.” Trust no one and nothing coming out of their mouths.

Sorry if I sound a bit angry or bitter, but my experience with one “educational institution” and having read and heard numerous nightmare stories of foreigners being screwed over by locals has led me to come to this conclusion. To be fair though, they do screw Taiwanese people over as well (in a slightly different manner). When it comes to money, lying, cheating, and stealing, nationality knows no boundaries.

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Also, being legally in the right and being able to effectively enforce said rights can be two very different realities in most countries unfortunately… Taiwan included.

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Well, I am a lawyer. Admitted in Australia and the UK. It would be child’s play for me to draw up this sort of contract.

I am a layman when it comes to the law and business mores in Taiwan though.

I suppose then I will be making this with the help of a local lawyer.

This is where I come in.

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Much obliged.

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Yes, but don’t unless you love banging your head against the wall.

Your mileage may vary. :tumble:

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Another word of caution, just in case:

If it’s truly just referrals and payment for referrals, great. If it’s a scheme to make students who are physically at institution A be on paper at institution B, it may not be kosher.

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Please can you elaborate on the pitfalls of this.

Basically, the rules for educational institutes (all kinds – buxibans, kindergartens, high schools, everything) can be quite elaborate (maximum X students per class, teachers must have certain credentials, must obtain separate permission to hold classes on different subjects…), so of course many of them try to use loopholes like having two businesses next door to each other and presenting them to the public (and staff) as one business but to the authorities as two. When push comes to shove, for example, a foreign teacher with a work permit for one side of the building caught working on the other side can end up getting deported, and the owner can be fined.

For some of these rules, the rationale is fire safety, or I suppose now also covid safety. For others, it’s to keep quality standards up (which can also have the opposite effect). In any case, study the rules carefully.

Detailed discussions can be found in old threads about kindergartens.

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I will be looking through Taiwanese law on this when I have time. Do you have any relevant statutes, regs etc that you would be kind enough to send the links to so I can take a gander?

Not at my tentacletips, but if you read the old kindergarten threads you can find links there. The main site is https://law.moj.gov.tw, and the main law for buxibans is the Supplementary Education Act. Buxiban regulations vary by city/county, so you need to check the local government website.

For (non-binding) precedents, go to https://judgment.judicial.gov.tw/FJUD/default.aspx.

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Many thanks. Not looking forward to this reading, if I am honest.

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