TAIWAN Law and Practice Contributed by: Peng-Kwang Chen, Pamela Huang, Claudia Huang and Ching-Tzu (Katie) Chang, Formosa Transnational Attorneys At Law
6.2 Arrangements for Obtaining Urgent Injunctive Relief While there is no prescribed timeframe for a court to decide on an application for injunctive relief in civil cases, for provisional seizures and provisional injunctions, the court usually renders a decision within one to two weeks. 6.3 Availability of Injunctive Relief on an Ex Parte Basis The mechanisms of provisional seizures and provisional injunctions are intended to prevent the debtor from transferring their assets or con- ducting certain acts before the final judgment is made. Therefore, the court will not notify a debt- or of such applications from a creditor before the decision is made. However, the court will serve the injunctive relief to a debtor after, or simulta- neously with, the enforcement of the injunctive relief, and a debtor may appeal to the decision henceforth. In contrast, when it comes to the issuance of a provisional injunction maintaining a temporary status quo, the court shall allow the parties to express their opinions before a decision is made. 6.4 Liability for Damages for the Applicant In the event that a provisional seizure, provisional injunction, or provisional injunction maintaining a temporary status quo is revoked for specific reasons, such as the creditor fails to initiate a lawsuit within the prescribed period, the credi- tor will be held liable for any damages to the debtor caused by the injunctive relief. Therefore, the court usually requires the creditor to provide a security deposit before granting any form of injunctive relief, as described in 4.6 Costs of Interim Applications/Motions .
6.5 Respondent’s Worldwide Assets and Injunctive Relief If the legal requirements for a provisional seizure order are met, a court will grant injunctive relief against the debtor’s assets (Refer to 6.1 Circum- stances of Injunctive Relief ). Such injunctive relief will merely state the total amount of money/ value of the debtor’s assets to be seized, but will not specify which of the debtor’s properties are to be seized. In contrast, if a provisional injunction order is granted, such injunction relief will identify the subject matter it pertains to. Whether provisional seizure orders or provisional injunction orders issued by Taiwan courts will be recognised and enforced against the debtor’s assets in a foreign country depends on the civil procedure laws of that foreign jurisdiction. 6.6 Third Parties and Injunctive Relief As a general rule, injunctive relief is effective against the parties directly involved in a legal dispute. However, during the process of enforc- ing injunctive relief, its effects may extend to a third party. For example, if the creditor obtained a provision- al seizure against the debtor, and the debtor has an account receivable against a third party, the enforcement court might prohibit that third party from making payments directly to the debtor. If a third party fails to follow the enforcement court’s order and continues to make payments to the debtor, the enforcement court may, at the request of the creditor, directly enforce against the third party’s property.
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