Alternative Dispute Resolution Mechanism against International Commercial Disputes in China-Foreign-related Arbitration
|關鍵字:||國際商事爭議;替代爭議解決機制;國際商事仲裁;中國涉外仲裁;仲裁;台灣科技產業;策略研究;International Commercial Dispute;Alternative Dispute Resolution;International Commercial Arbitration;China Froeign-related Arbitration;Arbitration;Taiwan High-Tech Industry Company;Strategy Research|
It is worthy for Taiwan High-Tech Industry Companies to concern about dispute resolution mechanism in China to be utilized to resolve international commercial disputes such companies incur when conducting business there. The reason for investigating the feasibility to resolve international commercial disputes through China Foreign-related Arbitration is due to untrustworthy China judicial system. The Thesis hereby introduces the status and system of China Foreign-related Arbitration, indicates the development trend of said mechanism and also researches the strategies of Taiwan High-Tech Industry Companies for utilizing said mechanism through the methodologies of reference analysis, question analysis and empirical legal study. China Foreign-related Arbitration mechanism has operated in China for over fifty years. It has been recognized and formulated of its legal status since the announcement and enforcement of Arbitration Law of People’s Republic of China (1994) and from market and economic perspective, China Foreign-related Arbitration is considered as a sort of special legal service. China Foreign-related Arbitration mechanism, mainly acted by China International Economic and Trade Arbitration Commission (CIETAC), has become the core of China alternative dispute resolution and has also played an important role in international commercial arbitration world after 10-years development from enforcement of said Law. Respect for the will of the parties concerned, specialization and independence, and economy and efficiency reflect the main characters of China Foreign-related Arbitration mechanism. Such characters further advantage the mechanism in its structure and also encourage Taiwan High-Tech Industry Companies to resolve international commercial disputes through it. As indicated by the result of empirical legal study of this Thesis, main strategy objectives Taiwan High-Tech Industry Companies intend to reach when selecting China Foreign-related Arbitration as dispute resolution mechanism are resolving international commercial disputes, controlling costs and risks, and enlarging the efficiency. It is concluded herein that the characters China Foreign-related Arbitration mechanism inhered could meet such strategy objectives and therefore, China Foreign-related Arbitration shall be the alternative dispute resolution to be recommended to Taiwan High-Tech Industry Companies.
|Appears in Collections:||Thesis|