Recognition of Foreign Judgments Analysis of Judgments Related to Taiwan's 'Public Policy or Morals' Requirement

Recognition of Foreign Judgments Analysis of Judgments Related to Taiwan's 'Public Policy or Morals' Requirement

Pursuant to Article 402 of Taiwan's Code of Civil Procedure, 'A final and binding judgment rendered by a foreign court shall be recognized, except where of any of the following circumstances are present: 1. The foreign court lacks jurisdiction pursuant to the R.O.C. laws; 2. A default judgment is rendered against the losing defendant, except where the notice or summons of the initiation of the action was legally served in a reasonable time in the foreign country or was served through judicial assistance provided under the relevant R.O.C. laws; 3. The performance ordered by such judgment or its litigation procedure is contrary to R.O.C. public policy or morals; 4. There exists no reciprocal recognition of judgments between the foreign country and the R.O.C. The provisions of the preceding paragraph shall apply mutatis mutandis to a final and binding ruling rendered by a foreign court.'