[quote=“Mr He”]Then they said OK, and later sent us an agreement, where all our concessions were listed. Moreover,they told us that they were coming to visit to conclude the negotiations.
Our reply was that we would look forward to see them and negotiate further, however on my advice we did not give them any affirmative or negative answer on the “agreement”. Moreover, we did not tell them that the different solutions and concessions suggested by us would not all be possible at once.[/quote]
Sounds like no agreement was concluded.
The primary statute regulating the enforcement of foreign judgments in Taiwan is the ROC Code of Civil Procedure. According to Article 402 of the CCP, no final judgment rendered by a foreign court shall be valid in Taiwan if any one or more of the following circumstances exist:
The foreign court that rendered the subject final judgment has no jurisdiction over the case according to Taiwan law;
The foreign court rendered a default judgment, in which the defaulting party is a Taiwanese citizen, and the summons or court orders necessary for commencement of the action were NOT duly served on the defaulting party in that foreign country or through judicial assistance in Taiwan;
The judgment rendered by the foreign court is deemed inconsistent with Taiwan’s public order or good morals; or
Judgments rendered by Taiwanese courts are not reciprocally recognized by the subject foreign court.
Yes, generally US judgments are enforceable in Taiwan. But, they’re a hassle. If the US plaintiff doesn’t properly serve your company and your company ignores the improper service and the US plaintiff obtains a default judgment in the US… that judgment will be unenforceable in Taiwan. The US plaintiff will have to serve your company by Judicial Assistance…
Article 402 provides that a foreign final default judgment shall not be enforceable in Taiwan if the defaulting party is a Taiwanese citizen and he was not properly served with the summons or order necessary for commencement of the action. If the defaulting Taiwanese party has been duly served with the summons or order in the country of the foreign court, or if he has been served through judicial assistance in Taiwan, process will be deemed by Taiwanese courts to have been properly served.
As to the procedure for judicial assistance in Taiwan, the principal relevant statute is the Law Governing the Extension of Assistance to Foreign Courts (LGA). The LGA stipulates that:
(1) A request for judicial assistance must go through proper diplomatic channels (TECO and AIT for US plaintiffs);
(2) A request for judicial assistance must set forth the name, nationality, domicile, residence or place of business of the person to be served; and
(3) The relevant documents to be delivered to the Taiwanese authorities must include certified Chinese translation(s) or copy(ies) thereof.
Article 402 provides that if a final judgment rendered by a foreign court is considered incompatible with public order or good morals in Taiwan, then said judgment shall be unenforceable in Taiwan. This includes any judgment which is contrary to the laws of Taiwan and/or injurious to the generally accepted moral standards of the Taiwanese public. If under Taiwan law no contract was formed, I don’t think a judgment in the US would be enforceable in Taiwan.