兩岸投資協議下爭端解決的機構選擇

The investment protection agreement between the two sides of the Taiwan Straits has become an urgent agenda after the Economic Cooperation Framework Agreement was signed.Therefore,it is necessary to think about which institution should be chosen to resolve investment disputes:on the one hand,there is a need to avoid political consideration,i.e.,to use ICSID to resolve disputes;on the other hand,there is a need to avoid the disputes being resolved by the WTO,which could creating embarrassing situation between Taiwan and the mainland.In addition there is a need to avoid the disputes being resolved by dispute settlement bodies that may have conflict of interests.In order to solve these potential problems,the author of this paper has suggested using Hong Kong Arbitration Centre as a third party to resolve investment disputes between Taiwan and the mainland.In his view,this is a creative and ideal model.