Legal Study On International Commercial Mediation Under Singapore Mediation Convention

Litigation explosion has become a common phenomenon in contemporary society,and the increasing number of litigation cases has overwhelmed the judicial institutions.Litigation typically takes years and costs a lot of money,prompting a worldwide movement for judicial reform that has made Alternative Dispute Resolution,including mediation,one of the most prominent issues.It is generally believed that modern mediation originated in the United States in the 1970s,appeared in Australia and Britain in the 1980s,and expanded to most of Europe’s continental law countries and South Africa in the 1990s.Since the beginning of the 21st century,the global wave is expanding in breadth and depth.The rise of modern mediation has greatly expanded people’s vision of justice,justice and dispute resolution,changed the traditional dispute resolution framework,and shaped a series of new judicial concepts.The interaction between mediation and litigation,arbitration and notarization are getting closer and closer.The new modes of dispute resolution such as mediation,arbitration and notarization attached to the court thus form the meaning and basic principles of mediation.United Nations Convention on International Settlement Agreements Resulting from Mediation(hereinafter referred to as "Singapore Mediation Convention" and"convention")is another landmark international convention in the field of international commercial dispute settlement.China has signed the convention in August 2019 and is still awaiting ratification.It will bring benefits to our country,such as promoting the development of commercial mediation,perfecting the legislation of commercial mediation and constructing the international commercial dispute settlement center.This paper takes the international commercial mediation system as the research object.Based on the theory and practice of commercial mediation,this paper discusses the legal basis and legal regulation of the international commercial mediation system.By analyzing the article holder of the validity of the settlement agreement in the international treaties,this paper discusses that the international commercial settlement agreement can have the enforcement effect under various circumstances,and under what circumstances it will be denied the relief.At the same time,this paper also analyzes the challenge of China’s participation in the Singapore Mediation Convention to China’s current mediation system,and how to make use of this opportunity to develop China’s commercial mediation system.This paper consists of six parts.In the introduction,the author puts forward some questions,expounds the research value,main research methods and structure of this paper,discusses the literature related to this paper,and points out the main innovation points and shortcomings of this paper.Chapter one introduces the historical evolution of international commercial mediation and the comparison between international commercial mediation and dispute resolution.There are two different kinds of mediation in the mainstream view,one that is traditionally popular in countries with a long history such as Asia,the Pacific,most of Africa and the Arab and Muslim regions,and the other that is emerging in the modern sense in the United States and spreading around the world.Commercial mediation has three characteristics:voluntality,flexibility,assistance and contract.It has been developed for a long time and has incomparable advantages and values in arbitration and litigation in conflict resolution.Although commercial mediation as an alternative dispute resolution mechanism has been constantly disputed,its high-resolution rate and convenience have made it more and more popular among the disputing parties.Chapter two summarizes,collates and analyzes the legal basis,regulatory approaches and current international law regulations of international commercial mediation.The international commercial reconciliation agreement can obtain the cross-border enforcement force through a convention,and its legal basis comes from the modern rule of law’s re-understanding of fairness,rationality and autonomy under the paradigm of procedural justice and the expansion of the parties’ autonomy.From a global perspective,mediation rules come in many forms:markets-contracts,self-discipline,formal regulatory frameworks,formal legislative provisions.Singapore Mediation Convention provides for the application of its mediation agreements in terms of scope of application,formal requirements and grounds for denial of relief.Only by globally harmonizing these standards can mediation agreements,which have only contractual effect,be given a higher statusIn chapter three,according to the above research,although the international commercial reconciliation agreement produced under the international commercial mediation has the cross-border coercive power,the contracting states still have the reason to refuse to grant the remedy.This chapter analyzes the factors that affect the effectiveness of the international commercial reconciliation agreement,the autonomy of will and the procedure in which the mediator’s misconduct will affect the effectiveness of the international commercial reconciliation agreementChapter four analyzes the opportunities and challenges brought by China’s accession to Singapore Mediation Convention to China’s legal system by sorting out the relevant legislation on commercial mediation and mediators in China.China’s accession to Singapore Mediation Convention with the domestic system of cohesion and applicable unscathed,will promote the development of commercial conciliation in China,to improve the international competitiveness of China’s construction of international commercial dispute resolution center,the need to use various means in our country,including industry autonomy and domestic legislation and international legislationIn the concluding part,the author summarizes the uniqueness and advantages of the international commercial mediation system,expounds the feasibility and necessity of China’s accession to Singapore Mediation Convention,and emphasizes the far-reaching significance of China’s strengthening of its centrality in the construction of the international commercial mediation system.