On 9 August 2012, after two years of negotiation, Mainland Chinese and Taiwanese negotiators signed the Cross-strait Bilateral Investment Protection and Promotion Agreement ("IPA"). The IPA is expected to promote cross-strait economic exchanges, and to attract more Mainland Chinese investors into Taiwan and vice-versa. Given the sensitivity of cross-strait relations (China does not recognise Taiwan as an independent state), the IPA does not expressly incorporate international arbitration in the list of dispute resolution mechanisms available under the agreement – despite Taiwan having pressed for its inclusion. However, there are a number of other dispute resolution mechanisms, including mediation, available to investors under the IPA.
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Key contacts
Simon Chapman KC
Managing Partner, Dispute Resolution and Global Co-Head – International Arbitration, Hong Kong
Andrew Cannon
Partner, Global Co-Head of International Arbitration and of Public International Law, London
Kathryn Sanger
Partner, Head of China and Japan, Dispute Resolution, Co-Head of Private Capital, Asia, Hong Kong
Christian Leathley
Partner, Co-Head of the Latin America Group, Co-Head of the Public International Law Group, US Head of International Arbitration, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.