The Study of Grand China Commercial Arbitration －Development of the Insured After Signing the Agreement
| Autor: | Kuo-Ching Chen, 陳國卿 |
|---|---|
| Rok vydání: | 2014 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 102 By " Act Governing Relations between the People of the Taiwan Area and the Mainland Area" in section 74 of the regulations made in Mainland China civil determine the referee, civil arbitration judgment, does not violate Taiwan public order or good morals who may petition a court ruling recognized. Based on the principle of reciprocity, made in Taiwan to determine the civil magistrate, civil arbitration judgment, may apply to the court ruled Mainland China approved or executed in the name of those who, before applicable. Meanwhile, the Chinese mainland on the " Provisions of the Supreme People's Court on the recognition of the civil court judgment in Taiwan " Taiwan is also the mutual recognition of civil judgments, arbitration body recognized by the force of, began a new era of cross-strait mutual recognition. I signed with China " Cross-Strait Bilateral Investment Protection and Promotion Agreement " in August 2012, the equity investment liberalization and investment on both sides of common concern to investors, provide clear norms and protection. If we can actively implement the cross-strait insurance agreement, not only to provide the institutionalized interests of Taiwanese investment protection to Taiwanese investment pipeline grievance and arbitration disputes have the opportunity to improve the investment environment in Taiwan businessmen in mainland China, Taiwan and make investment personal safety to get better protection. Chapter I INTRODUCTION explore the motivation, purpose, method and scope.The second chapter is to discuss cross-strait trade and investment disputes, and thus is an important way to understand the economic and trade arbitration to resolve cross-strait economic and trade disputes. The third chapter is to discuss the US bilateral investment determine the powers and perform the model agreement as an example (not including open market purposes) strait insurance agreement signed by the main content and ways to resolve disputes, the fourth chapter is to discuss the arbitration judgment after arising capacity as Taiwan in the mainland's rights protection mechanisms.The fifth chapter is to explore the different comparison of the two sides of the arbitration system. Chapter VII is the study of cross-strait economic and trade disputes in arbitration issue mainland judgments application case, and the resulting solution methods. Chapter VII conclusions and recommendations are discussed strait after signing the insurance agreement on the inadequacies of the Operations Department, recommended as a reference for amending the law. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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