仲裁方法广泛运用于国际投资争端的解决,亦可运用于两岸投资争端的解决。两岸可以事先订立区际仲裁协议,创设两岸间的仲裁组织,并设专门的投资仲裁庭。两岸投资仲裁以两岸间的区际经济协议为最主要的法律依据,并由两岸协商确定具体的程序规则。对于仲裁裁决,需要有配套的复核救济程序以及完善的执行监督措施。应规定只有香港、澳门两个经济体有资格成为本区际投资仲裁机制的第三方,以促两岸四地相互投资的热络与和谐。考虑到两岸尚未真正实现双向投资,目前还不宜设计和采行私主体直接参与的制度。 Arbitration methods are widely used in the settlement of international investment disputes and can also be applied to the settlement of cross-Strait investment disputes. The two sides of the strait may conclude inter-regional arbitration agreements in advance, create arbitration organizations across the Taiwan Strait, and set up special investment tribunals. Cross-Strait investment arbitration takes the interregional economic agreement between the two sides of the strait as the most important legal basis, and the specific procedural rules are negotiated by the two sides of the Taiwan Strait. For arbitration awards, there is a need for a complete review of relief procedures and a sound implementation of the monitoring measures. Only Hong Kong and Macao economies should be allowed to become third parties to the arbitration mechanism for investment in the region so as to promote the mutual attraction and harmony between the two sides of the strait. Considering that cross-Strait has not really realized two-way investment, it is not appropriate at the moment to design and adopt a system in which private entities directly participate.