{"id":8496,"date":"2025-11-01T17:05:44","date_gmt":"2025-11-01T09:05:44","guid":{"rendered":"https:\/\/fdlaw.com.tw\/?p=8496"},"modified":"2025-11-01T17:05:45","modified_gmt":"2025-11-01T09:05:45","slug":"investment-litigation-2","status":"publish","type":"post","link":"https:\/\/fdlaw.com.tw\/en\/blog\/investment-litigation-2\/","title":{"rendered":"Want to win an equity investment lawsuit? Master these 5 key points to avoid pitfalls at crucial moments! A corporate law expert tells you how to resolve a litigation crisis (Part 2)."},"content":{"rendered":"
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III. Procedural Control: Never lose a lawsuit due to "procedural errors"<\/h2>\n\n\n\n

Most litigants focus on the "substantive grounds" but neglect the "procedural details." However, Taiwan's Code of Civil Procedure has strict procedural requirements, and even a small oversight can lead to the "dismissal of the claim" or the "loss of the right of appeal." The following three procedural points must be emphasized:<\/p>\n\n\n\n

(i) Choose the right court with jurisdiction to avoid being "transferred or dismissed".<\/h3>\n\n\n\n

The court with jurisdiction over equity investment disputes is usually determined according to the following rules:<\/p>\n\n\n\n

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  1. If there is an agreement, then the agreement shall prevail: If the contract stipulates that "disputes arising from this contract shall be under the jurisdiction of the Taipei District Court", and the agreement does not violate the "exclusive jurisdiction" provision (such as disputes concerning the establishment of a company being under the jurisdiction of the court where the company is domiciled), then the lawsuit must be filed with the agreed court;<\/li>\n\n\n\n
  2. In the absence of an agreement, the law applies: the court with jurisdiction is usually the court where the defendant resides or the court where the contract is performed (such as the place of equity transfer registration or the place of capital contribution payment).<\/li>\n<\/ol>\n\n\n\n

    If the court with jurisdiction is wrong, the defendant can raise an objection to jurisdiction, and the court will rule to transfer the case to the correct court, which will prolong the litigation process. If the case falls under "exclusive jurisdiction" (such as disputes over company mergers or dissolutions), the wrongful lawsuit will be dismissed directly.<\/p>\n\n\n\n

    (ii) The statute of limitations must not have expired, otherwise the "rights will be void".<\/h3>\n\n\n\n

    According to Taiwan's Civil Code, the statute of limitations for disputes over equity investments is generally 15 years (such as requests for the return of investment funds or confirmation of equity ownership), but some special claims have shorter statutes of limitations:<\/p>\n\n\n\n