Whether and to what extent is a foreign forum selection clause
enforceable? Taiwan's courts take a liberal view of this
question. Parties to a contract are free to create such a
clause to have their disputes tried at a foreign court even if the
foreign court does not have inherent jurisdiction over the
disputes, but the clause must meet a three-part test to get
recognized as enforceable by a Taiwan court: first, the dispute
must not be subject to exclusive jurisdiction of a Taiwanese court
(e.g. a dispute over a piece of land in Taiwan); second, the
foreign court must not be subject to a rule that prohibits against
acquired jurisdiction through consent; and third, the clause must
not be "obviously unfair."
