Service of process in Taiwan can generally be effected
one of two ways:
Given the delicate and often tenuous relationship between Taiwan and the People’s Republic of China, Taiwan is not recognized as a separate and independent member of the community of nations. As such, Taiwan cannot enjoy treaty relationships with other states, including the US and Canada.
Taiwan is not a member of the Hague Service Convention, so it has not established a Central Authority to accept requests for judicial assistance from abroad.
The Taiwanese government is only involved in service of process from abroad when administering a letter rogatory, a procedural necessity by which a forum court requests foreign judicial assistance via diplomatic channels. Unfortunately, a letter rogatory can take a rather long time to complete, so issues can arise with forum-imposed deadlines for service.
US and Canadian plaintiffs can also utilize our local counsel to effect service on their behalf. However, while service of process effected by a Taiwanese attorney is not specifically prohibited under Taiwanese law, it is also not specifically permitted. Therefore, if litigants intend to seek enforcement of a judgment at a later date in Taiwan, service via letter rogatory is likely the best method of service.
LLS can draft, submit, and monitor letters rogatory, and can help you meet Taiwan’s very particular translation requirements for documents served.
Enter your contact information to arrange an appointment with one of our staff attorneys, or call 800 755-5775 at your convenience.