Research On The Application Of Singapore Convention On Mediation In China

As of March 2020,52 countries,including China and the United States,have signed the Singapore Convention on Mediation(hereinafter referred to as the “Convention”),which provides a legal basis and guarantee for solving the problems of cross-border enforcement of international commercial settlement agreements.Existing related research mainly focuses on the introduction of the Convention,effectiveness and implementation of commercial settlement agreements,the connection between the Convention and China's legal system,China's commercial mediation legislation,and China's commercial mediation practice.At the moment,fully interpreting the provisions of the Convention and exploring how the Convention will be applied in China has become the focus of the theoretical and practical circles,and is realistic and urgent in research.It mainly adopts the comparative law research method and the law hermeneutics research method,and takes the development of the Convention on the implementation of commercial settlement agreements and how it is applied in China as the main purpose of the research.The logical structure of the main text is as follows: Chapter 1 provides an overview of the background of the Convention,the process of itsformulation and development,and its main terminology.Chapter 2discusses the four aspects of the Convention stipulations,including enforcement of the settlement agreement,the grounds for refusing to grant relief,parallel applications of claims(including application for preservation),and the implementation of the settlement agreement under a non-unified legal system to reveal the Convention's contribution to the settlement agreement implementation system.Chapter 3 follows a special-general-special logic,referring to the way and path of the application of the New York Convention and other private international law treaties in China,and points out that the application of the Convention in China will face challenges in three aspects,such as the inadequacy of the domestic legal system,the lack of applicable judicial connection mechanisms and the underdeveloped domestic commercial mediation practice.Chapter 4 puts forward several specific suggestions to solve the problems that will be faced in the future application of the Convention and promotes the application of the Convention in China.Firstly,the existing relevant laws and Judicial normative documents should be revised to eliminate contradictions,and the Commercial Mediation Law should be formulated as soon as possible to improve the legal system of commercial mediation in China;Secondly,the judicial cohesion system should be established for the application of "Convention" in China,which Specifically include the path to judicialreview of settlement agreement,the Supreme People's Court' specific provisions on the application of the Convention,the rights that can be applied for preservation,the establishment of a typical case release and reporting system,and so on.Finally,the development of China's commercial mediation practice should be guided by standardization,specialization and marketization.