臺灣科技產業運用中國涉外仲裁機制之策略研究

Abstract

臺灣科技產業西進中國大陸尋求發展與全球布局過程中，在面臨國際商事爭議事件之際，如何運用中國涉外仲裁機制以作為替代爭議解決模式與途徑，值得國內業界加以認真對待。中國涉外仲裁機制發展迄今逾五十年，1994年仲裁法頒布實施，明文賦予該機制法律位階地位；同時亦於市場經濟中定位為特殊法律服務。仲裁法頒布實施至今逾十年，以中國國際經濟貿易仲裁委員會為運作主力之中國涉外仲裁機制成為中國替代爭議解決機制之核心，亦成就該機制在國際商事仲裁市場之一席之地。本文藉由實證分析之角度，嘗試建構臺灣科技產業運用中國涉外仲裁機制之策略，呈現中國涉外仲裁機制之特點與臺灣科技產業運用策略間之關係，並進而分析中國涉外仲裁機制對於臺灣科技產業之策略目標之適切性。

It is worthy and necessary for Taiwan High-Tech Industry Companies to pay close attention to China Foreign-related Arbitration mechanism to be utilized as alternative dispute resolution to resolve international commercial disputes such companies incurred when conducting global businesses and seeking developments in China. China Foreign-related Arbitration mechanism has been operating and developing for over fifty (50) years and 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). 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 the enforcement of said Law. The Thesis hereby establishes, by way of the methodology of empirical legal study, the utilization strategy to China Foreign-related Arbitration by Taiwan High-Tech Industry Companies, indicates the relationships between such utilization strategy and main characters of said mechanism and also analyzes the feasibility and fitness that China Foreign-related Arbitration mechanism could be to the objects of such utilization strategy.