Obtaining a civil judgment against a debtor in a court outside Taiwan does not always put an end to a creditor’s journey to seek recovery from a debtor.  It is only half the battle as the enforcement (collection) of the judgment is the other half.  A judgment creditor sometimes likely faces an uphill climb in the post-judgment enforcement (collection) process, particularly when a judgment debtor has insufficient assets against which the judgment can be enforced in the jurisdiction where the court rendering that judgment sits.  In such circumstances, a judgment creditor may consider the option of enforcing that civil judgment in other jurisdictions, including Taiwan, where any asset of the judgment debtor is located.  However, a civil judgment or ruling rendered by a court outside Taiwan (hereinafter collectively, a “foreign judgment”) will not be enforced in Taiwan without going through the procedures for the recognition and enforcement of a foreign judgment set forth under the laws in Taiwan.  In Taiwan, the general rules governing the recognition and enforcement of a foreign judgment in Taiwan are set forth in the Taiwan Code of Civil Procedure (the “Code of Civil Procedure”)[1] and the Compulsory Enforcement Act[2].[3]  Various cases show that the courts in Taiwan will recognize and enforce a final and conclusive foreign judgment as long as none of the conditions enumerated under the Code of Civil Procedure applies to that foreign judgment.[4]
 
I.  Recognition of a Foreign Judgment in Taiwan
 
Article 402, Paragraph 1, of the Code of Civil Procedure sets forth the general requirements for the recognition and enforcement of a foreign judgment in Taiwan.[5]  The same general requirements apply mutatis mutandis to the recognition and enforcement of a foreign ruling in Taiwan.[6]  In addition to the courts in Taiwan, some government agencies in Taiwan, in some cases, may recognize a foreign judgment regarding certain matters subject to the jurisdiction of those government agencies.[7]  A foreign judgment will be recognized as long as that foreign judgment meets all the following criteria:
 
1.  Finality
 
As a prerequisite for a foreign judgment to be recognized in Taiwan, a foreign judgment must be a final and conclusive decision.[8]  The courts in Taiwan will not recognize or enforce a non-final or non-conclusive foreign judgment (e.g., a preliminary judgment) in Taiwan.[9]  In the procedures for the recognition of a foreign judgment, the courts in Taiwan will not hold a retrial of the case or review the merit of the case (e.g., the foreign court’s fact-findings or opinion in a foreign judgment).[10]  This finality requirement is met as long as the petitioner presents any evidence (e.g., an official document issued by the foreign court rendering that foreign judgment or by the relevant foreign authorities, if applicable) proving that a foreign judgment is final and conclusive.[11]  Some cases show that some of the followings may be required in the procedures for the recognition (and enforcement) of a foreign judgment in Taiwan:[12]
(1) an original copy of the foreign judgment (and/or any attestation, certificate, or any other accompanying documents, if any, given by the court rendering the judgment);
(2) an authentication certificate (of the foreign judgment) issued by a local notary public in the jurisdiction where the court rendering the foreign judgment sits;
(3) an authentication certificate (of the foreign judgment) issued by a consular authority of Taiwan (e.g., a branch office of the Taipei Economic and Cultural Office) in the jurisdiction where the court rendering the foreign judgment sits; and/or
(4) an official or certified translation of the said foreign judgment will likely be required if the foreign judgment is not made in the official language used in Taiwan.
 
2.  No Enumerated Conditions
 
A final and conclusive foreign judgment will be recognized in Taiwan if none of the following conditions applies: 
 
(1)  Lack of Jurisdiction
 
A foreign judgment not rendered by a competent foreign court having proper jurisdiction over the case will not be recognized in Taiwan.[13]  Under Article 402 of the Code of Civil Procedure, the court rendering a foreign judgment lacks jurisdiction over the case constitutes a ground for dismissing a petition for the recognition of that foreign judgment.[14]  Article 402 of the Code of Civil Procedure explicitly requires that the issue of whether the court rendering a foreign judgment has jurisdiction over the case should be determined in light of the jurisdiction standards under the laws in Taiwan.[15]  Therefore, a foreign judgment will not be recognized in Taiwan if the exercise of the jurisdiction of a foreign court rendering that foreign judgment does not meet the jurisdiction standards under the laws in Taiwan.[16]
 
(2)  Insufficient Notice of the Proceedings
 
In the procedures for the recognition of a foreign judgment, the courts in Taiwan will look at whether the foreign judgment was obtained without giving sufficient opportunity to the defeated defendant (e.g., the person or entity affected; or a judgment debtor) to defend his case in the original proceedings in a foreign court.[17]  A foreign judgment would not be recognized in Taiwan if the defeated defendant was not given sufficient notice of the original proceedings in a foreign court, resulting in that no reasonable opportunity to be heard was afforded to the defeated defendant.[18]  A court in Taiwan would consider that a defeated defendant had been given sufficient notice of the original proceedings in a foreign court if the notice or summons of the initiation of action had been lawfully served (1) in a reasonable time in the foreign jurisdiction, or (2) through judicial assistance provided under the laws in Taiwan.[19]  The courts in Taiwan have held that this notice requirement does not require that (1) a notice or summons of the initiation of action was served to the defendant in person, or (2) the defendant presented himself and participated in the oral argument process before the foreign court.[20]  However, the courts in Taiwan do not consider a notice or summons of the initiation of action had been lawfully served in Taiwan if (1) a foreign court sua sponte served that notice or summons to a defendant in Taiwan; or (2) the plaintiff’s lawyer mailed or personally handed over that notice or summons to a defendant in Taiwan.[21]  The courts in Taiwan do not consider a notice or summons had been lawfully served in Taiwan in either of the aforementioned circumstances because a lawful service of documents in Taiwan should be conducted through judicial assistance provided under the laws in Taiwan.[22]
 
(3) Contrary to Public Policies or Morals
 
No foreign judgment contrary to public policies or morals in Taiwan will be recognized in Taiwan.[23]  Specifically, a foreign judgment will not be recognized in Taiwan if the content of that foreign judgment or the litigation proceedings in a foreign court rendering that foreign judgment is contrary to public policies or morals in Taiwan.[24]  The courts in Taiwan have held that a foreign judgment is contrary to public policies or morals in Taiwan if any of the legal consequences of that foreign judgment or any grounds on which that foreign judgment is based is repugnant to the fundamental legislative policies, legal principles, or the social norms and principles in Taiwan.[25]
 
(4) No Reciprocity
 
A court in Taiwan will refuse to recognize a foreign judgment if there is no reciprocal recognition (reciprocity) of court judgments between Taiwan and the jurisdiction where the court rendering that foreign judgment sits.[26]  The courts in Taiwan have long held that the reciprocity requirement set forth in Article 402 of the Code of Civil Procedure does not require official diplomatic relations or a mutual recognition (of sovereignty) between Taiwan and the jurisdiction where the court rendering that foreign judgment sits.[27]  Instead, the reciprocity requirement is met if (1) there is a reciprocal recognition of court judgments between Taiwan and the jurisdiction where the court rendering a foreign judgment sits; or (2) the jurisdiction where the court rendering a foreign judgment sits has not expressly refused to recognize a judgment rendered by a court in Taiwan.[28]  Many cases show that the courts in Taiwan have recognized and enforced various foreign judgments rendered by courts in different jurisdictions, including but not limited to Canada,[29] the Commonwealth of Australia,[30] the Federal Republic of Germany,[31] Japan,[32] Malaysia,[33] New Zealand,[34] the Republic of Korea,[35] the Republic of Singapore,[36] the United Kingdom of Great Britain and Northern Ireland,[37] and the United States of America.[38]
 
II.  Enforcement of a Foreign Judgment in Taiwan
 
One who seeks to enforce a foreign judgment in Taiwan may file an enforcement petition to a court in Taiwan for approval of the enforcement of that foreign judgment in Taiwan.[39]  Under Article 4-1 of the Compulsory Enforcement Act, a final and conclusive foreign judgment will be enforced in Taiwan as long as (1) “none of the conditions enumerated under Article 402 of the Code of Civil Procedure appl[ies]” to that foreign judgment; and (2) a court in Taiwan has rendered a judgment of approval approving the enforcement of that foreign judgment.[40]  A petitioner should file his abovementioned enforcement petition to the court of the judgment debtor’s domicile.[41]  If the judgment debtor has no domicile in Taiwan, a petitioner should file his aforesaid enforcement petition to a court in Taiwan (1) “where the object of the enforcement is located” or (2) “where the enforcement action shall be performed.”[42] 
 
III.  Conclusion
 
The recognition and enforcement of a foreign judgment in Taiwan matters.  This issue particularly matters to a judgment creditor who (1) has obtained a civil judgment against a debtor in a court outside Taiwan; and (2) seeks to enforce that foreign judgment in Taiwan.  A creditor should care about this issue even before suing a debtor in a court outside Taiwan if the creditor is aware of that (1) the assets of a debtor located in those jurisdictions outside Taiwan are insufficient to pay the creditor; and (2) there are some assets of the debtor located in Taiwan.  A creditor’s investment of efforts, time, and resources in obtaining a judgment against a Taiwanese debtor in a court outside Taiwan would end up as waste if later that foreign judgment was not recognized and enforced in Taiwan.  Under the laws in Taiwan, a foreign judgment will be recognized and enforced as long as (1) the foreign judgment is final and exclusive; and (2) none of the following conditions applies: (i) the court rendering that foreign judgment lacks jurisdiction over the case; (ii) the defeated defendant was not given sufficient notice of the proceedings; (iii) that foreign judgment is contrary to public policies or morals in Taiwan; or (iv) there is no reciprocal recognition of court judgment between Taiwan and the jurisdiction where the court rendering that foreign judgment sits.[43]

 

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