중국과 대만의 투자자와 상대방 정부 간 투자분쟁의 해결제도에 관한 연구

Abstract

On August 9, 2012, China and Taiwan concluded a “Strait Bilateral Investment Protection and Promotion Agreement” as a follow-up agreement following the conclusion of the Economic Cooperation Framework Agreement (ECFA). Through this agreement, they tried to steadily expand the economic exchanges between two regions by providing a more stable investment environment and systematic protection to investors in China and Taiwan. In addition, China and Taiwan stipulated various dispute settlement systems reflecting the specificity of these regions in relation to investment disputes between investors and investment host countries in the “Straits Bilateral Investment Protection and Promotion Agreement”. This paper mainly examined the mediation system of investment dispute settlement institutions among the dispute settlement systems between the investors and the host countries’ government stipulated in the 'Strait Bilateral Investment Protection and Promotion Agreement'. In addition, through these analyses, this paper figures out the problems of the dispute settlement method between the investor and the counterpart government as stipulated in the “Strait Bilateral Investment Protection and Promotion Agreement” and suggests domestic investment companies that have entered China or Taiwan to taking care of when they want to resolve the dispute using the above dispute settlement system.