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近年来两岸之间的经贸往来日益密切,不可避免地衍生出跨越海峡两岸的民商事纠纷。仲裁因其独特的优越性而越来越得到人们的青睐。然而两岸作为各自独立的法域,所作成之仲裁裁决如何获得对岸法院之认可,亟须确认。本文以此为出发点,首先分析两岸认可与执行对岸之仲裁裁决的法律依据与现状,并对两例典型案例进行介绍,反思两岸在相互认可和执行仲裁裁决时所存在的问题,以及比较法律程序上存在之差异性。文末,提出未来模式之选择,即两岸在完善各自单边立法的同时,更应考虑在协商之基础上订立协议,以促进两岸之顺利交往和司法的互助与统一。
In recent years, the economic and trade exchanges between the two sides of the Taiwan Strait have become increasingly close, inevitably resulting in disputes over civil and commercial matters across the Taiwan Strait. Arbitration is getting more and more popular because of its unique superiority. However, how the two sides of the Taiwan Strait, as independent legal jurisdictions, have obtained the accreditation of the court of the other side, needs to be confirmed. Based on this, this paper analyzes the legal basis and status quo of the cross-Strait accreditation and enforcement of arbitral awards across the Taiwan Strait and introduces two typical cases to reflect on the problems existing in the mutual recognition and enforcement of arbitral awards between the two sides of the Taiwan Strait and the comparison of legal procedures Differences exist. At the end of the article, the article proposes the choice of the future model. In addition to perfecting their respective unilateral legislations, the two sides should also consider signing an agreement on the basis of consultation so as to promote smooth exchanges and judicial mutual aid and reunification.