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投资争端解决机制是《海峡两岸投资保障和促进协议》(简称《两岸投资协议》)中体现两岸特色的重要制度创新之一。相较于传统双边投资协议中的投资争端解决机制而言,两岸投资争端解决机制除了引入两岸私人投资争端解决方式,还规定了投资者与投资所在地一方投资争端的协调、协处和调解等多元化机制,实现了单方规定的协议化和国际实践的两岸化,从而有效降低了两岸投资争端的“泛政治化”风险。未来,应进一步完善两岸投资补偿争端的调解程序,确保调解协议的法律约束力和执行力。
The investment dispute settlement mechanism is one of the major institutional innovations that reflect the special features of both sides of the Taiwan Strait in the Agreement on Investment Security and Promotion across the Taiwan Strait (referred to as the “Cross-Strait Investment Agreement”). Compared with the investment dispute settlement mechanism in the traditional BITs, the cross-Strait investment dispute settlement mechanism not only introduces the settlement of cross-Strait private investment disputes, but also stipulates the coordination, coordination and mediation of investment disputes between the investors and the place where the investors are located Mechanism to achieve the unilateral agreement and the cross-Straitization of international practice, thus effectively reducing the “pan-politicized” risks of cross-Strait investment disputes. In the future, mediation procedures for cross-Strait investment compensation disputes should be further perfected to ensure the legally binding and enforceable mediation agreements.