两岸投资协议下争端解决的机构选择

自两岸签署《海峡两岸经济合作架构协议（ECFA）》之后，两岸投资保护协议成为一项重要议程。因此，如何选择投资争端解决的模式就显得至关重要：既要避开政治上的考虑，如选择ICSID解决争端，又要避开让人窘迫的WTO解决模式，还要避开有利益冲突的各种解决争端机构。本文围绕这个主题。提出一个比较新型和理想的模式，即选用第三地仲裁机构解决两岸的投资争端，而香港的仲裁机构应该是一个最佳选择。

Choice of Dispute Settlement Institution under the Investment Protection Agreement Between the Two Sides of the Taiwan Straits

The investment protection agreement between the two sides of the Taiwan Straits has become an urgent agenda after the Economic Cooperation Framework Agreement was signed.Therefore,it is necessary to think about which institution should be chosen to resolve investment disputes:on the one hand,there is a need to avoid political consideration,i.e.,to use ICSID to resolve disputes;on the other hand,there is a need to avoid the disputes being resolved by the WTO,which could creating embarrassing situation between Taiwan and the mainland.In addition there is a need to avoid the disputes being resolved by dispute settlement bodies that may have conflict of interests.In order to solve these potential problems,the author of this paper has suggested using Hong Kong Arbitration Centre as a third party to resolve investment disputes between Taiwan and the mainland.In his view,this is a creative and ideal model.