SELECT content FROM law_ref_lang_word WHERE word_id=258 AND lang_id=3 FirstLaw 第一國際法律事務所
【Non-action litigation】
  • Recognition of a Final and Binding Judgment Rendered by a Foreign Court                  

                    According to Article 402 of Taiwan Code of Civil procedure, a final and binding judgment
                    rendered by a foreign courtshall be recognized, except in case of any of the following

                    ◎  Where the foreign court lacks jurisdiction pursuant to the R.O.C. laws;

                    ◎  Where a default judgment is rendered against the losing defendant, except in the case where
                          the notice or summons of the initiation of action had been legally served in a reasonable time
                          in the foreign country or had been served through judicial assistance provided under the
                          R.O.C. laws;

                    ◎  Where the performance ordered by such judgment or its litigation procedure is contrary to
                          R.O.C. public policy or morals;

                    ◎  Where there exists no mutual recognition between the foreign country and the R.O.C.

                    Hence, except for any of the above circumstances, a final and binding judgment rendered by a
                    foreign court shall be recognizedand enforced by Taiwan court in principle.

  • Recognition of a Foreign Arbitral Award                                                                           

                    According to Article 49 of Taiwan Arbitration Law, the court shall issue a dismissal with respect
                    to an application submitted by a party for recognition of a foreign arbitral award, if such award
                    contains one of the following elements:

                   ◎  Where the recognition or enforcement of the arbitral award is contrary to the public order or
                         good morals of the Republic of China.

                   ◎  Where the dispute is not arbitrable under the laws of the Republic of China.

                     In addition to above two circumstances, the Taiwan court will still reviewthat there are any of the
                     four circumstances prescribedin Article 402 of Taiwan Code of Civil procedure, if there is no,
                     the court shall recognizethe arbitration award in principle.

                     Even though the arbitration award doesn't contain the above sixcircumstances, however, if the
                     country where the arbitral award is made or whose laws govern the arbitral award does not
                     recognize arbitral awards of the Republic of China, Taiwan court will also consider whether to
                     recognize the arbitration award rendered by the foreign court and permit its execution.

No. 43, Section 1, MínShēng East Rd, Jhongshan District Taipei City, 104     Telephone:+886-2-2521-5900    Fax:+886-2-2521-5311
Copy Right@2010 FirstLaw All Rights Reserved Design