Comparison Of Cross-Strait Economic And Trade Arbitration Systems And Research On Cooperation Mechanism

Taiwan and the mainland's mainland separated 60 years later,both of law districts across the Taiwan Strait have great differences in legal system and content.Due to the increase of Cross-Strait exchange,the occurrence and increase of legal conflict cannot be avoided.The folk nature of arbitration system is the best choice in solving the economic and trade dispute owing to Cross-Strait people's intercourse at present.This study researches the cooperation mechanism of economic and trade arbitration between Twain and China's mainland.Besides the present situation of Cross-Strait economic and trade dispute and the arbitration,the major problems of Cross-Strait economic and trade arbitration,the recognition and enforcement of the Cross-Strait economic and trade arbitration judgment(award),the cooperation of Cross-Strait economic and trade arbitration,also discusses the interregional conflicts of Laws,the theory of arbitration law quality,the Worthy reference of international arbitration convention,the comparison of Cross-Strait system and international arbitration convention,the independent principle of Litigant Meaning,the principle of equality and reciprocity and the equitable arbitration.Taiwan's Straits Exchange Foundation and China's Association for Relations across the Taiwan Straits have reached the agreement about Cross-Strait judicial cooperation and contact matters after consultation on the basis of equality on April 26,2006.Both associations have agreed to approve and carried out the civil referee and arbitral judgment(award)on the basis of reciprocal principle and not violating public order or good custom.Hence,from showing equality and reciprocity silently to clear instructions,Cross-Strait would establish the effective progress in Cross-Strait cooperation mechanism.To avoid the same economic and trade dispute event as far as possible,this study considers that Cross-Strait economic and trade arbitration cooperation mechanism has its importance such as different results on arbitration judgment(award)of Cross-Strait arbitration organization and affected litigants' fair justice.Cross-Strait arbitration cooperation can start from accepting arbitrator mutually.Before opening the political consultation,this study suggests to proceed in an orderly way through authorized Cross-Strait relative controlling organization.Both associations agree the“Cross-Strait combined arbitration rules" to set up the special arbitration organization jointly to deal with Cross-Strait economic and trade dispute and then to form the "Cross-Strait permanent arbitration court" in order to establish the Cross-Strait economic and trade arbitration cooperation organization firmly.Cross-Strait“quasi-authoritative institution" would be set up successfully through the folk character of arbitration.The suggestion agreement above will be accomplished possibly.Cross-Strait arbitration organization exchange is very closely and has obtained quite a few of achievements,but it lacks the authorization of relative Controlling organization.Therefore,it would tend to egoistic standpoint and empty talk and lead to a futile effort.