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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Simon Chapman KC
Managing Partner, Disputes, Asia and Australia, Hong Kong
Kathryn Sanger
Partner, Head of Disputes, China and Japan and Head of Private Capital, Asia, Hong Kong
Jojo Fan
Managing Partner, China Offices, Hong Kong
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Partner, Hong Kong
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