Research On Mediation Mechanism Of International Commercial Disputes

With the rapid development of world economic globalization,but many international commercial disputes also are increasing day by day.Commercial mediation mechanism has gradually become an important dispute resolution.Due to the International Settlement Agreements Resulting from Mediation,will take effect from 12 September 2020.Its strengthens the role of international commercial mediation,also the enforcement of international commercial mediation settlement agreements.The article proceed from the characteristics of international commercial disputes,explain the international commercial mediation as a alternative dispute resolution has the advantages of specialization,voluntary,convenient and adaptability.Based on that,put forward the classification of international commercial mediation from whether the settlement agreement has the enforcement or not.Focus on the mediation conducted by parties who submit commercial disputes to independent mediation centers or diversified dispute mediation institutions.In order to ensure the systematic study of international commercial disputes,this article analyzes the mediation procedures of different international commercial mediation institutions.Including the starting conditions of commercial mediation procedures,mediator system and termination of mediation procedures.Thoroughly study on the valid of mediation settlement agreement.In view of the inadequacy of China's mediation mechanism for international commercial disputes:There is no compose law on commercial mediation,the selection system of international commercial mediators is not perfect,the settlement agreement has no compulsory execution,the flexibility of mediation procedure is relatively weak.At the same time,this article puts forward the corresponding perfection suggestion on that.For example,impose a law on commercial mediation,improvement the mechanism of commercial mediators,establishing a new mediation model to enforce the settlement agreement,strengthening online commercial mediation platform.To make sure our international commercial mechanism has stronger international competitiveness.