The Research On The Enforcement Of International Mediated Settlement Agreements

With the development of international commercial affairs,mediation has become the most representative and widely used dispute resolution mechanism in ADR(Alternative Dispute Resolution).However,the enforcement of international mediated settlement agreements has been controversial.In international commercial mediation,one party of the agreement reached by the parties may apply to another party or a third country for enforcement.This is a very difficult issue.At present,there is no unified legal document concerning the enforcement of the settlement agreement globally.And most countries have no legal provisions on the enforcement of international mediated settlement agreements.In February 2018,at its 68 th session,Working Group II of the United Nations Commission on International Trade Law(hereinafter referred to as the "Working Group")adopted the draft "Convention on the Enforcement of International Mediation Settlement Agreements"(hereinafter referred to as the "Draft Convention").Although the Draft Convention has established the principle of transnational enforcement,the convention sets only the minimum requirement for enforcement,taking the different legislative status of countriesand the particularities of mediation itself into account.To respond to this reality issue,this article has reviewed the cross-border execution mechanism of commercial settlement agreements.By introducing the cross-border enforcement of international mediated settlement agreements to provide a useful reference for building a simpler and faster enforcement mechanism in the future.This article is divided into six parts,five chapters.The first part is an introduction,the second part discusses the necessity of enforcing the international commercial mediation settlement agreement,the third part explores the possibility on the basis of necessity,the fourth part mainly deals with the core legal issues that need to be faced by cross-border enforcement instruments,the fifth part carries out a theoretical analysis of the Draft Convention on the enforcement of international mediation agreements with reflections on the core issues,the sixth chapter is the conclusion chapter.Based on the analysis of the theory and practice,the author draws the conclusions of this paper.For the cross-border execution of iMSAs,due to the differences between the particularity of the mediation itself and the enforcement of legal systems in various countries,it is difficult to regulate through unified legislation.Promulgating a cross-border enforcement convention is only a beginning.To coordinate the international and domestic legislation in this area,we still need to go through long-term development and adopt a more gradual approach.