Research On The Implementation Of China's International Commercial Settlement Agreement Under The Singapore Convention

The advantages of convenience,efficiency and confidentiality of international commercial mediation make it play an increasingly important role in the international commercial dispute resolution mechanism.With the increasing frequency of international trade,the internationality of commercial mediation gradually highlights,which makes it necessary to formulate uniform rules.International commercial conciliation demonstration law provides the basic framework for international commercial conciliation legislation,but for the implementation of international commercial conciliation agreement did not make that clear,but given the legislative space,this also lead to various countries have different rules,unable to form a unified international commercial rules of the settlement agreement executed,hindered its cross-border execution,made based on the interests of the settlement agreement,the parties affected the disputes related to commercial conciliation of trust.Therefore,uncitral has initiated the drafting of the Singapore convention with the aim of simplifying the procedures for the implementation of international commercial reconciliation agreements and achieving the rapid cross-border implementation of reconciliation agreements.For the first time,the Singapore convention recognizes the enforceability of international commercial settlement agreements and clearly stipulates thatinternational commercial settlement agreements can be enforced,which replaces the transformation and implementation mode stipulated by some countries,and will greatly improve the efficiency of commercial settlement agreements.The Singapore convention for the international economic and trade cooperation provides an important international legal mechanism,to solve international commercial disputes opened up a new path of international law,and "neighbourhood" policy of our country and establish strategic corresponds to the international commercial dispute settlement center,will help to improve the specialization and internationalization of commercial mediation in our country.But at the same time,it should be noted that compared with the United States and other countries,China's commercial mediation system is still in its infancy,and its legislation and judicature are almost blank.Commercial mediation is still regulated only as part of civil mediation,and there is no clear definition of "commercial".In judicial practice,many departments lack scientific cognition of the system of commercial mediation,which easily confuses highly professional commercial mediation with civil mediation aimed at solving civil disputes,resulting in deep misunderstanding of commercial mediation,especially international commercial mediation.Thus it can be seen that the current status of commercial mediation legislation in China is far from the requirements of the Singapore convention,and the discrepancy in some provisions and the lack of corresponding system make the connection between China and the convention difficult.On the one hand,the Singapore convention clarifies the enforceability of international commercial settlement agreements,which is totally different from China's definition of settlement agreements.On the other hand,the Singapore convention reason to reject to carry out the settlement agreement to review in detail and the mediator ACTS as one of the standard,and because of the lack of unified commercial mediation rules in China,the mediator of the code of conduct is also associated with a lack of corresponding regulations,this will lead to the court to a lack of specific criteria in the review of international commercial conciliation agreement.Under the new implementation mechanism,how to perfect the implementation mechanism of our country has become a problem that should be considered.At present our country is inthe approval stage of the convention on establishment of the institute of the ministry of commerce has commissioned some universities international law research,coordination of legislative,judicial and administrative departments for the convention ground for research in our country,how to join the Singapore convention as an opportunity to perfect our settlement execution mechanism and gradually achieve docking with the convention of worth further discussing.The thesis is divided into four chapters:The first chapter is an introduction to the implementation status of international commercial reconciliation agreements and the background of the formulation of the Singapore convention.Firstly,this paper summarizes the legislative status quo of the implementation of international commercial reconciliation agreement,explains the legislative status quo of the implementation of settlement agreement from two perspectives of domestic and international scope,and respectively introduces three execution modes--direct execution,transformation into arbitration award execution and execution through judicial confirmation procedure.Secondly,the background of the Singapore convention is introduced,mainly from the perspective of the current situation of the rapid development of commercial mediation and the inadaptability of the current implementation mechanism and the international commercial reconciliation agreement.The second chapter is "international commercial reconciliation agreement implementation mode and connection dilemma".Firstly,this paper discusses the implementation mode of international commercial reconciliation agreement in the Singapore convention,which mainly includes three aspects: scope of application,parallel procedure and independent choice of parties.At the same time,it analyzes the important influence of this provision on the implementation of international commercial reconciliation agreement,that is,improving the execution efficiency and avoiding the obstacles to the implementation.Secondly,it analyzes the execution mode of commercial reconciliation agreement in China,including notarization,payment order and judicial confirmation procedure.Finally,through the comparative analysis between China and the convention,this paper discusses in detail the threeconnection predicaments between China and the convention,that is,the differences in the provisions on the validity of the settlement agreement,the lack of uniform legislation on commercial mediation,and the undefined and enforceable scope of the commercial settlement agreement.The third chapter is "the reasons for refusing to implement the settlement agreement and the connection dilemma".First refused to carry out in the Singapore convention are discussed of the settlement,select one of the mediators act in violation of the rules of conciliation or fails to fulfill its obligations to disclose detailed interpretation,then analyzed the reason of reject to carry out the settlement agreement in our country,finally analyses the cohesion of our country and convention dilemma,on the one hand is the lack of a unified mediators' code of conduct,on the other hand is the lack of right remedy channels.The fourth chapter is "thoughts on perfecting the implementation of international commercial reconciliation agreement in China".Firstly,this paper discusses the way to perfect the implementation of international commercial reconciliation agreement in China,including formulating a uniform commercial mediation law to stipulate the implementation of international commercial reconciliation agreement and defining the executable scope of commercial reconciliation agreement.Secondly,it discusses the ways to perfect the reasons for refusing to implement the settlement agreement.First,it formulates the unified code of conduct for the mediator;second,it improves the right relief mechanism of the parties.