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
Kathryn Sanger
Partner, Head of China and Japan, Dispute Resolution, Co-Head of Private Capital, Asia, Hong Kong
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