Though the US court refused to directly enforce the arbitral award for Taiwan is not one of the New York Convention signatories, the court eventually accepted our arguments and recognised
the Taiwan court ruling which enforced the arbitral award, ordering this US company to pay our client accordingly.
Even though the defendant based in Taiwan is served with all the legal documents, like the court notice and summons, in compliance with the foreign laws,
the Taiwan court will accept the defendant's argument against the default foreign judgment that the legal documents are not served as per Taiwanese laws.
Taiwan court rules in favour of gay marriage in Asia first.
Taiwan courts have not made a decision regarding whether the notarised certificate issued by the foreign court is recognisable and enforceable.
Taiwan courts tend to favor the mother in child custody cases.
Not exact matches
In a
court filing, Kodak argued that Apple, the BlackBerry device maker Research in Motion and HTC of
Taiwan all owed the company «substantial royalties» for the use of its patents in their smartphones.
Korean leaders to meet at North - South border on Friday: BBC Chinese geologists say N. Korea's main nuclear test site has likely collapsed: WaPo China air force intimidates
Taiwan with military flights around island: Reuters Conservative Supreme
Court justices appear to back Trump's travel ban: The Hill French president expects Trump will withdraw from Iranian nuclear deal: BBC Rising interest rates keep Wall Street on edge: CBS Investors will focus on various inflation numbers in days ahead: Bloomberg A closer look at the 10 - year Treasury yield's rise to 3 %: Calafia Beach Pundit T. Rowe Price's assets under mgt top $ 1 trillion — a sign of active mgt growth: P&I World trade volume slumped 0.4 % in Feb, first monthly loss since Oct: CPB
Also read: Vitalik Buterin: Blockchain and the Future of
Courts Taiwan Bankers Should Research Blockchain Technology «As Soon As Possible.»
As C. S Song explains regarding
Taiwan, «Christians brought to trial because of their allegiance to Jesus have changed a military
court into a
court of testimony!»
A Civil Law style constitutional
court has existed in
Taiwan for decades but only recently begun to function effectively.
In the first conviction in a series of lawsuits against Ma since he left office in 2016,
Taiwan's High
Court overturned a lower court's judgment of not guilty, saying that he violated a communication and surveillance
Court overturned a lower
court's judgment of not guilty, saying that he violated a communication and surveillance
court's judgment of not guilty, saying that he violated a communication and surveillance act.
A
court in
Taiwan on Tuesday sentenced former president Ma Ying - jeou to four months jail over a leak of information related to national security, legal documents showed, but he vowed to appeal, and could avoid jail altogether by paying a fine.
Crowds of pro-gay marriage supporters in
Taiwan on May 24 cheered, hugged and wept as a top
court ruled.
03/25: Eatons Hill Hotel — Brendale, Australia 03/27: Metro City — Northbridge, Australia 03/29: Bluesfest Byron Bay — Bryon Bay, Australia 03/31: ICC Sydney Theatre — Darling Harbour, Australia 04/02: The Trusts Arena — Auckland, New Zealand 04/04: The Barton Theatre — Torrensville, Australia 04/05: Margaret
Court Arena — Melbourne, Australia 04/08: Nangang Exhibition Center — Taipei,
Taiwan 04/17: Zepp Tokyo — Tokyo, Japan 04/19: Zepp Tokyo — Tokyo, Japan 04/20: Zepp Namba — Osaka, Japan
E Ink is launching the new product together with Sino Pac Bank and the Miramar department store, which will use these as flashing point - of - purchase displays in the food
courts of Maramar department stores (in Taipei,
Taiwan).
Leena Yousefi was featured and quoted on CBC news for her
court success and victory on the case of L.C vs. E.S. which involved the mother removing the parent's 3 year old daughter away from the father from
Taiwan to Hong Kong and ultimately to Canada.
The father started
court proceedings against the mother in
Taiwan and obtained custody of his son.
TianTong advises clients in applying for recognition and enforcement of judgments rendered by foreign
courts or
courts in Hong Kong, Macau and
Taiwan, and in applying for recognition and enforcement by foreign
courts of final judgments rendered by Chinese
courts.
The day before New Year's Eve, a prestigious AmLaw 100 firm from Washington, D.C. contacted Alderson with a request to provide
court reporting services in Tapei,
Taiwan starting January 2, 2006, for two weeks of back - to - back depositions.
Jackson Walker turned to
Taiwan member (Shay & Partners) to assist in obtaining discovery against the Taiwanese companies by way of letters rogatory issued by the US
court requesting international judicial assistance.
Substantially, it will be recognised by a
Taiwan Civil
Court or any other government agency as long as it does not fall into one of the exceptions listed by Article 402 of the
Taiwan Code of Civil Procedure.
The father started going to
court in
Taiwan to get his children back.
According to the
Taiwan Code of Enforcement, a foreign judgment or ruling will be enforced if it does not meet any exceptions listed by Article 402 and if the Taiwanese
court permits such foreign judgment to be enforced by a judgment of recognition.
However, the
court would review the following four issues if challenged by the respondent: (1) whether the foreign
court lacks jurisdiction pursuant to Taiwanese laws; (2) whether a default judgment is rendered against the losing defendant, but 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 Taiwanese laws; (3) whether the performance ordered by such judgment or its litigation procedure is against Taiwanese public policy or morals; and (4) whether there exists no mutual recognition between the foreign country and
Taiwan.
Therefore, the best practice for the defendant in
Taiwan is not to submit any affidavit unless the Taiwanese
court effectuates the service for the foreign
court.
Pursuant to Article 402 of the
Taiwan Code of Civil Procedure, a final and binding judgment or ruling rendered by a foreign
court will be recognised except for certain situations, one of which is violating due process of law or the public policy of
Taiwan.
* But I did have noodles in Taipei with a member of the
Taiwan Constitutional
Court not two weeks ago and he gave me no clues about this pending decision.
The
Taiwan - ROC
Court made a reasonable choice to cite the U.S. Supreme
Court in a limited and non-legal way.
This is the reason why most of the defendants located in
Taiwan would simply decline to appear in front of the foreign
court if the foreign
court notice or summons are not served by the Taiwanese
courts.
However, in 2016, the
Taiwan High
Court declined to recognise a judgment from the British Virgin Islands («BVI») because BVI has not recognised judgments rendered by Taiwanese
courts.
If the purpose is to enforce a foreign judgment, an enforcement petition must be filed to a
Taiwan competent
court after obtaining a Taiwanese judgment of recognition.
According to Article 402 of the
Taiwan Code of Civil Procedure, the foreign
court must have recognised the Taiwanese
court.
When a foreign judgment applies the Taiwanese laws, the
court will recognise and enforce it except in certain situations as provided under Article 402 of the
Taiwan Code of Civil Procedure.
See 103
Taiwan High
Court Shan (上) No. 493.
Most of the time, the defendant will challenge the foreign judgment or ruling in the Taiwanese
court because the foreign
court does not use judicial assistance via a diplomatic channel for the service of legal documents in
Taiwan.
Jodi has more than 34 years of
court reporting experience, including 10 years as a resident of Asia covering depositions and arbitrations in Hong Kong, Japan, Korea, and
Taiwan, with specialization in intellectual property cases filed in U.S. District
Courts and the International Trade Commission.
What changes do you predict to take place in the IP
Court in
Taiwan as technology continues to evolve?
In
Taiwan, there are lots of debates and many cases sent to the
court arising out of the wrestling between Uber and local government and competitors.
Before the establishment of IP
Court in 2008, there are four «bugs» in the IP litigation practice in
Taiwan: dual - track, lack of professionalism, dependence of verification institute, and stay of litigation procedure.
For example, the IP
Court established and operated since July 2008 and the new IP Case Adjudication Act opened a new page of
Taiwan's IP practice.
Each level of people's
court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region,
Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.
In cases in which a party applies to have the validity of an arbitration agreement recognized, cases in which application is made to cancel a domestic arbitration commission's award, cases in which application is made to recognize (认可) and enforce a Hong Kong SAR or Macau SAR arbitration award, recognize (认可) and enforce a
Taiwan area arbitration award, application is made to recognize (承认) and enforce a foreign arbitral award, shall be handled by the specialized trial divisions of each level of
court.
Yet, we expect more and more foreign
courts will recognise and enforce
Taiwan arbitral awards so that
Taiwan can take a more active role in the global market.
This was, to our knowledge, the very first case where a US
court dealt with
Taiwan arbitral award.
The headline for an article in today's New York Times reads: «
Court Ruling Could Make
Taiwan First Place in Asia to Legalize Gay Marriage» My question is whether this can truly be considered»...
Also read: Vitalik Buterin: Blockchain and the Future of
Courts Taiwan Bankers Should Research Blockchain Technology «As Soon As Possible.»
The
court in
Taiwan tends to look at cultural ideas and stereotypes concerning gender when dealing with divorce and child custody proceedings.