On December 25, 2024, the Supreme People’s Court published the Decision on Amending the Supreme People’s Court’s Regulations on Acknowledgement and Execution of Civil Judgements from Taiwan Courts. The decision will take effect on January 1, 2025.
The newly amended Regulations indicates:
To request the acknowledgement of a civil judgement made by a Taiwan court, the following materials shall be submitted:
1. Application form, with duplicates in a quantity that equals to the number of the counterparties;
2. Original copy or a certified true duplicate of the judgement;
3. Original certificate confirming the civil judgment or a certified true duplicate thereof, except mediation records for which no certification needs to be additionally provided according to relevant regulations in Taiwan Region;
4. Identification documents. If the identification documents are formed out of the Chinese Mainland, the applicant shall have the identification documents certified according to the Civil Procedure Law and relevant judicial interpretation.
Where the civil judgement from a court of Taiwan Region falls under any of the following circumstances, the judgement is not acknowledged:
1. The civil judgement, of which an acknowledgement is requested, was made when the counterparty was absent and not summoned according to laws or was made when the requested party lacked the capability of litigation and was not properly represented;
2. The case falls under the exclusive jurisdiction of the people’s court;
3. Parties concerned had reached a valid arbitration agreement and did not abandon arbitration jurisdiction.
4. The judgement was acquired by fraud means;
5. The people’s court had made a judgement on the same dispute or had recognized or acknowledged the judgement on the same dispute made by a court of another country or region;
6. An arbitration tribunal in the Chinese Mainland had made an arbitral award on the same dispute, or the people’s court had recognized or acknowledged an arbitral award on the same dispute made by an arbitration tribunal in another country or region.
The people’s court shall make a ruling not to acknowledge a civil judgement if acknowledging it would violate fundamental principles of state laws, such as one-China principle, or undermine the state sovereignty, security, or social public interests.
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