3 April 2019Jurisdiction reportsTony Chang

Taiwan jurisdiction report: Jurisdiction over foreign e-commerce sites

The court’s second-instance decision in Hsu v Village Vanguard, 107 Min-Zhu-Kang 1 (IP Court 2018) held that, to determine whether personal jurisdiction over a foreign defendant resides with a Taiwan court, the court should follow the general theory of jurisdiction in international law, taking into consideration all relevant factors including whether the foreign defendant can reasonably demonstrate that Taiwan is one of its major markets or fields of activity.

While Taiwan is a civil law country, no direct guidance is provided by any statutory law on how a court should decide whether it has jurisdiction over a dispute with a foreign element. Before Hsu, the dominant test courts adopted was the so-called “analogy theory”.

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