Frank Kung Managing Partner

Education

  • Doctor Candidate of China University of Political Science and Law
  • LL.M., National Taipei University (1991-1994)
  • LL.B., National Taipei University (1987-1991)
  • Licensed attorney (since 1994)

Experience

  • President of Taiwan Society of Construction Law
  • Director and Consultant of the Taiwan Construction Law Association (~2011)
  • Chief of the Public Construction Committee of Taiwan Bar Association
  • Members’ Representative of the Taiwan Bar Association
  • Deputy CEO of the Taiwan Bar Association Attorney Study Center(2010~2011)
  • Supervisor of Asia Pacific Private Partnerships (PPP) Project Development Association(APPPA)
    Supervisor of Taiwan Offshore Wind Turbine Foundation and Marine Engineering Association
  • Chairman of the Construction Law Special Fields Committee of the Taipei Bar Association
  • The Director of the Taipei Bar Association, elected in the 25th-26th term
  • Chairman of the Refresher Course Committee of the Taipei Bar Association (2009~2011)
  • Member of the Committee on Laws and Regulations of the Chinese Institute of Engineers(2012~2016)
  • Committee member of statutory study, General Chamber of Commerce of R.O.C.
  • Committee member of the Cross Strait Business Relations Committee of the General Chamber of Commerce of the R.O.C. (2009~2011)
  • Committee member of the Construction Dispute Arbitration Committee of the Arbitration Association of the R.O.C.
  • Arbitrator of the Arbitration Association of the R.O.C.
  • Arbitrator of the China Construction Arbitration Association
    Arbitrator of the China International Economic and Trade Arbitration Commission
  • Lecturer for the Taiwan Construction Research Institute, instructing courses in the “Private Participation in Infrastructure”, “Compensations and Evidence Preparation for Construction Disputes” and “Types of Construction Agreement Performance Disputes and Case Analysis”
  • Lecturer for the Chinese Land Professional Training Center, instructing courses in the “Private Participation in Infrastructure Promotion (PPIP) Practices”, “Evidence Collection and Presentation and Disputes of Agreement Management Practices” and “Land Development Investment Evaluation & Contract Management Practices”
  • Lecturer for the General Chamber of Commerce of the R.O.C. , instructing courses in the “Practice of Legal and IP Rights-The Procedure and Arbitration for Business Disputes”
  • Lecturer for the Arbitration Association of the Republic of China-Arbitrator training class: “Introduction to Arbitration Practices”.
  • Lecturer for the Arbitrator training class of the Taiwan Construction Arbitration Association- “Arbitration Procedure to be noted by an Arbitrator” and “Key Points of an Arbitral Award and Matters to be noted when drafting an Arbitral Award”
  • Lecturer for the Arbitrator training class of the Chinese Construction Industry Arbitration Association
  • Lecturer for the Arbitrator training class of the Chinese Real Estate Arbitration Association
  • Honorary Legal Consultant of the Rail Engineering Society of Taiwan
  • Committee member of the “South-North High Speed Rail Southern Science Park Vibration Problem Evaluation Team” of the Executive Yuan
  • Patent Agent of the R.O.C. (since 1994)

Specialized Area

  • Company Act and Financial and Securities Laws
    Frank provides legal advice on laws and regulations including the Company Act, the Securities and Exchange Act and Labor Standards Act and assists in the drafting, review, negotiation and revision of general business contracts for many well-known listed companies.
  • M & A laws and practices
    Frank provides services such as merger and acquisition planning, negotiation, contract drafting and legal compliance checks for financial institutions. He also provides defensive anti-merger/acquisition planning for domestic hostile merger and acquisition cases and attends shareholders’ meeting and provides relevant legal strategies regarding anti-merger/acquisition for clients.
  • Foreign investment cases
    Frank handles matters such as shareholding planning, drafting of joint venture contracts and establishment of subsidiaries, branches and offices in Taiwan.
  • Acting as legal consultant for many domestic securities investment trust companies and securities companies
    Frank provides legal advice for securities investment trust enterprises and securities investment consulting enterprises, assists in the application of offshore master agent for domestic and foreign fund management institutions and handles the application of the subscription and offer of securities investment trust funds and relevant contract revision matters.
  • Construction disputes and risk management of contract performance
    Frank has represented the contractors or companies in construction arbitration, litigation and mediation affairs in more than 400 cases, including construction disputes regarding the Taipei-Ilan Highway, Xyue Shan Tunnel, northern, central and southern part of the Second Highway, expressways, the Kinmen Bridge, the Fourth Nuclear Power Plant, electricity power system, Offshore Wind Power Projects, sewage treatment facilities, airport terminals, Taipei Municipal Stadium, Taipei MRT system, Kaohsiung MRT system, stadiums, theaters and other types of constructions, etc. He also provides the contractors, investors, and companies with legal opinion and relevant advice on prevention of construction disputes and compensations.
  • Negotiation and execution of BOT investment agreement
    Frank has acted as the legal consultant for the BOT projects between government and private institutions for nearly 10 years and has participated in many BOT projects, such as the High Speed Rail, Taiwan Taoyuan International Airport, Kaohsiung Arena, Beitou Cable-Car, Penghu Entertaining Resort Center.
  • Real estate development, planning, business invitation and contract negotiation
    Frank provides landowners and developers with legal services regarding planning, business invitation and contract negotiation in relation to developments such as land lease and development, superficies development, joint development and trust development.

Publications

  • “Research on the Legal Issues in Handling the Failed Bank” (LL.M. thesis of National Taipei University)
  • “Basic Elaboration on Remedy and Proof of Construction Disputes (I) and (II)” (vol. 103 and 104 of “Construction the World”)
  • “Preliminary Research on the Nature of Contract Performance Bond Guarantee Letter” (the vol. 286 of “Construction News”)
  • “Theory on the Risk Allocation Principle of Damages to Construction Objectives Due to Force Majeure as Regulated in the Construction Contracts” (Feb. 2006, “Yang Ming Civil and Commercial Law Journal”)
  • “Theory on the Risk Allocation Principle of BOT Investment Agreement” (vol. 105 of “Government Audit Journal”)
  • “The Negotiation and Execution of the Promotion of Private Participation in Infrastructure Agreement” (“Regulations and Relevant Cases of Private Participation In Infrastructure (2004)” published by the Construction Research Institute)
  • “Introduction to the China Construction Contract (I) and (II)” (vol. 293 and 294 of the “Construction News”)
  • “The Arbitrator’s Register Should Be Composed Immediately” (the 3rd issuance of the “Arbitration News”)
  • “Theory on the Risk Allocation Principle of Damages to Construction Objectives Due to Force Majeure as Regulated in the Construction Contracts” (the 330th issuance of the “Taipei Bar Journal”)
  • “Research Program on Cases and Solutions Regarding Construction Disputes” (research program of Taiwan Area National Expressway Engineering Bureau, MOTC)
  • “Cardinal Changes of Construction Contracts” (the 88th issuance of the Arbitration Journal)
  • “Contractor’s entitlement to suspend work when Employer delays construction payment” (the 330th issuance of the “Construction News Record”)
  • Construction Contract Management and Dispute Resolution, a Case Study ( 2010.10 )
  • “Cancellation and Termination of Construction Contract” (Vol. 85 of Construction Management Journal)
  • Construction Dispute and Practice  ( Member of Editors in Chief, The Arbitration Association of the R.O.C., published in December 2010)
  • “The Projects and Construction Review” Chapter 24 “Taiwan”  ( published by Law Business Research Ltd.-2011)
  • “Risk Allocation and the Taiwanese Construction Industry” (“Construction Law Client Strategies in the Asia-Pacific” published by ASPATORE)
  • “Disputes and Practices of Promotion of Private Participation in Infrastructure Projects” (Member of Editors in Chief, Chinese Arbitration Association. Taipei, published in May 2015)
  • “Analyses of the Characteristics and Types of Contract Disputes for PPP Projects”, No. 142 of “Arbitration and Law” published by China International Economic and Trade Arbitration Commission, China Maritime Arbitration Commission and China Chamber of International Commerce
  • Selection of Arbitral Seat for Taiwan's Offshore Wind Power Project's Operation and Maintenance Disputes( CAA Newsletter March 2021)
  • “The Supreme Court’s Recent Opinions on the Application of the Principle of Good Faith and the Principle of Change of Circumstances in Construction Disputes” (National Taipei University Department of Law - Comparative Law Center’s Book Collections- A Collection of Landmark Cases’ Analyses on the Section of Obligations of the Civil Code, published by ANGLE PUBLISHING CO., LTD. in August 2021)