The Construction Of ECFA Dispute Settlement Mechanism

June29,201O^Chen yunlin and Jiang Bingkun signed ECFA(Economic CooperationFramework Agreement) in Chongqing, and the agreement oiffcially come into effect inSeptember12,when both side completed the exchange program? At the same time，someissues of the cross-strait economic development process are becoming increasingly highlights,trade volume of both sides increases gradually, same as the number of dispute, which increasethe urgency of dispute settlement mechanism. Article10of ECFA, the dispute settlementprovisions that the parties shall begin consultation no later than six month atfer the agreementcome into effect, and reach an agreement as soon as possible, to solve any dispute about theinterpretation, implementation and apply of the agreement. Due to the spccial politicalbackground, the system of ECFA and the dispute solution between two sides are relativelyoriginal and vulgar, making the construction of ECFA dispute settlement mechanism a muchdiiffcult thing.This article put forward the construction of the ECFA dispute settlement mechanismfrom the following aspects;The ifrst part introduces the background of the signature of ECFA and analyses itsparticularity, think ECFA is the rfee trade area agreement between China and Taiwan, but isdifferent rfom the agreement between sovereign state and CEPA which is signed betweenmainland and Hong Kong, it has distinctive characteirstic in subject，the content and thesystem, which propose the problems should be paid attention to in the construction of ECFAdispute settlement mechanism; the chapter also introduces the concept and characteirstic ofdispute settlement mechanism, think that the dispute settlement mechanism play the role ofsolve，prevent dispute, guarantee the realization of substantive irghts, which put forward theurgency and diiffcult of the construction of the mechanism.The second part is about the choice of dispute settlement mechanism mode, there arethree kind of dispute settlement mechanism, namely the consultation，the judicature and thejudicial, each has its special way of dispute settlement, and due to the economic, political andcultural background，the choice of dispute settlement is different, each has its advantages anddisadvantages. This chapter analyzes the representative dispute settlement mechanism and theadvantages and disadvantages, the limitation for ECFA to learn, come into the conclusion that the construction of ECFA dispute settlement mechanism should based on the present type ofregional practice, improve its insuiffcient part, and take the regional particulairty intoconsideration.The third part analysis the reference of arbitration system. First introduce the advantageand the disadvantage of the arbitration system’ and concludes the necessity of the combinationof arbitration and judicial system, then introduce the arbitration system of WTO and NAFTA,and make the ifnal conclusion that the arbitration system of ECFA dispute settlementmechanism should combine the flexibility of arbitration and the mandatory of judicial system.The fourth part is the innovation of the paper, mainly about the construction of thedispute. Based on the particulairty of the cross-straits relations, conclude that the constructionof ECFA dispute settlement mechanism should stick to three pirnciples, which are thepreference of negotiation, combination of arbitration and judicial system，efficiency. In theconstruction of ECFA dispute settlement mechanism’ there are two aspects, ifrst to determinethe basic operation architecture on the basis of other dispute settlement mechanism，then takethe reference of the mature system, improve the deficiency system, and put forward the advicefor the construction of mature and feasible dispute settlement mechanism.The last part is the conclusion，proposed the great vision and anticipation for theconstruction of ECFA dispute settlement mechanism.