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The International Settlement Agreement Of Singapore Convention And China's Response

Posted on:2021-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2416330602492444Subject:Science of Law
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The Singapore convention is an international treaty with relatively perfect provisions for international reconciliation agreements.Its main legislative achievements are shown in two aspects.One is to identify the international settlement agreement.The second is to implement the international reconciliation agreement.Once released,it has great significance in the world.So far,Singapore,Fiji and Qatar have ratified the Singapore convention.As a signatory to the Singapore convention,China's ratification of the convention is imperative.Through the study of this article,the article clarifies the relevant international agreement clauses of the Singapore convention,discusses the necessity of China's ratification of the Singapore' convention,the current lack of legislation on international settlement agreements,and the countermeasures that should be taken after the ratification of the Singapore convention.First of all,study the legal basis of the international settlement agreement of the Singapore convention.Firstly,the theoretical basis.For the research on the theoretical basis and the discussion on the effectiveness of the international settlement agreement,it is only clear that the international settlement agreement has definite effectiveness that its implementation becomes more logical.Secondly,practical significance.The study on the international settlement agreement of the Singapore convention should not only stay at the theoretical level,but also explore its practical value.One is to promote the use of international commercial mediation in the field of international commercial disputes.As the dispute resolution agreement reached through mediation cannot be implemented,the parties to international commercial disputes abandon the dispute resolution method of international commercial mediation.Therefore,the Singapore convention recognizes the implementation of international settlement agreement from the legislative level,which is conducive to the development of international commercial mediation.The second is to maintain the stability of international commercial exchanges.Mediation and settlement of international commercial disputes are mild,so it is conducive to maintaining the stability of international commercial exchanges.Second of all,review the provisions of the international settlement agreement in the Singapore convention.One is to clarify the process of UNCITRAL's meeting to formulate the provisions of the international settlement agreement of the Singapore convention,and to clarify the main controversial issues in the meeting.The second is to clarify how the Singapore convention recognizes international reconciliation agreements and the provisions of the Singapore convention regarding the implementation of international reconciliation agreements.Third of all,discuss the necessity of China's ratification of the Singapore convention.On this basis,it analyzes the current legislative situation and problems of China's international reconciliation agreement from two aspects.One is to analyze the current situation and problems of China's legislation on international reconciliation agreements.The second is to analyze the current situation and problems of China's legislation in implementing international reconciliation agreements.Last of all,the author puts forward the legislative countermeasures on the international settlement.agreement after China ratified the Singapore convention.It also puts forward suggestions from two aspects..One is about the confirmation of the international settlement agreement.It is suggested to enact the international commercial mediation law.The second is about the implementation of international reconciliation agreements.it is suggested to amend the civil procedure law.
Keywords/Search Tags:Singapore convention, International reconciliation agreement, International commercial mediation
PDF Full Text Request
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