Newsletter
WHO IS QUALIFIED TO REPRESENT US COMPANIES IN PURSUING LITIGATION IN THE ROC?
Concerning the issue of who may serve as the representative of a US company to launch a litigation in Taiwan, some district courts and high courts have formerly held that the question should be decided according to the relevant provisions of the ROC Company Law. Recently, however, when hearing an extraordinary appeal against a criminal case of infringement upon a copyright of a US company, the Supreme Court has held that according to the ROC-US FCN Treaty, although the procedures of lawsuits pursued in the ROC by US companies should follow by the ROC procedural laws, the matter of who is empowered to represent the company in pursuing litigation should be decided by the provisions of US laws. The stipulation in the ROC company law that only the chairman or directors have the right to represent the company in pursuing litigation should not apply in such cases.