中華民國仲裁協會

2023第四屆公斷盃模擬仲裁庭競賽2023 Gong Duan Cup Arbitration Moot Competition

2023第四屆公斷盃模擬仲裁庭競賽於今（112）年5月6-7日順利圓滿舉行。今年公斷盃共有9隊共襄盛舉，5月6日為預賽，4隊晉級至次日複賽階段。

今年的題目以一太陽光電工程受到新冠肺炎防疫措施導致工程遲延的履約爭議為背景，並融合許多國內或國際仲裁程序中常見的程序爭點，包括仲裁協議的有效性、仲裁前置程序、仲裁人迴避、仲裁庭保全程序的權限等。實體爭點則涉及承包商是否得依契約或情事變更原則請求工期展延。

決賽由本會吳永乾理事長、李復甸前理事長及本會爭議調解中心古嘉諄主席擔任評審。經過幾輪精彩的攻防後，由「薛丁格的貓」、「壹貳貳貳」分別獲得冠亞軍；李玟潔則經評得到決賽最佳辯士的殊榮。

三位評審在賽後講評除肯定今年參賽者的表現，也鼓勵大家持續培養對訴訟外紛爭解決機制ADR的興趣，為日後跨入仲裁領域早作準備。

The Gong Duan Cup Arbitration Moot Competition for the year 2023 was held on May 6th and 7th. This edition saw participation from nine teams in the preliminary round on the first day, out of which four teams advanced to the elimination round held the following day.

The moot problem of the year centered around a delay in a solar power plant project, due to consequence of government-imposed quarantine measures for COVID-19. The procedural issues encompassed the validity of the arbitration agreement, preliminary proceedings in arbitration, challenges faced by arbitrators, and the tribunal's authority to issue preliminary orders. The substantive issue deliberated upon was whether the contractor had valid grounds for an extension either as stipulated in the contract or due to changed circumstances.

The panel of arbitrators for the final round comprised Dr. Joe Y. C. Wu, the current CAA Chairman, Dr. Fuldien Li, former CAA Chairman, and Mr. Chia-Chun Ku, President of the Mediation Centre of AAROC. Following impressive performances by both teams, Team "Schrödinger's Cat" emerged as the champions, with Team "Twelve Twenty-Two" finished as the runner-up position. The title for the best oralist in the final round was awarded to Wen-Chieh Lee.

At the conclusion of the final round, the judges commended this year's competitors on their performance. They further encouraged the students to continue persistently nurture their interest in Alternative Dispute Resolution (ADR) and prepare themselves for a future in the field of arbitration.