Enforcing Foreign Court Judgments In Taiwan

I. Introduction

With an increasing number of cases being brought against Taiwan companies, it’s important to consider how to make that future judgment worth something. With Taiwan’s relatively unique diplomatic isolation, it can be often helpful to get advice at a couple of key junctures: before getting into a contract with a Taiwan party and before commencing litigation against a Taiwan party.

II. Jurisdiction And Choice Of Law Issues

The usual textbook approach is to specify one’s own courts and laws to handle any disputes that may later arise under a contract, the reasoning being that overseas courts may give an unfair "home court" advantage to the other company. While it may make sense to stay out of relatively undeveloped court systems that have a history of prejudice, the Taiwan system has generally not had these sorts of problems and, in fact, offers many advantages with regards to speed. In any contractual matter in which a dispute might need injunctive-type relief