Research On The Transnational Implementation System Of International Commercial Settlement Agreements

In the enforcement of settlements resulting from international commercial mediation(“SRICM)”,there are two important problems,one is what kind of enforcement mechanism should be adopted,the other is what content should be included in the grounds for refusing to enforce.In terms of the enforcement mechanism,there are four modes in the world.First,SRICM shall be performed as a contract.Second,after being confirmed by the court or notarized by the notary office,SRICM shall be enforced through the recognition and enforcement mechanism of court judgment between countries.Third,SRICM shall be converted into an arbitration award and enforced through the arbitration award enforcement mechanism under the New York convention.Fourth,direct enforcement.The Singapore Mediation Convention provides for a direct enforcement mechanism.In terms of the reasons for refusing to enforce,the practice of each country is different due to the choice of different enforcement mechanism,which can be summarized as the following four aspects: the validity of the SRICM is defective,the dispute matters are not reconcilable,the process lacks due process and the violation of public policy.On this basis,the provisions of the Singapore Mediation Convention are more abundant,which can be divided into four categories:parties concerned,reconciliation agreement related,mediation process related,public policy and mediatable matters related.International commercial mediation in China has been developing vigorously,but only the judicial guidance documents are used to regulate the enforcement issue,which lacks formal legislation in form,has no legal effect and is not perfect in content and lacks legitimacy in application.Through a comparative analysis of the existing modes of enforcement and the grounds for refusal,it is concluded that the direct enforcement mechanism stipulated in the Singapore Mediation Convention is superior and the grounds for refusalare also comprehensive.China should take the newly signed mediation convention as an opportunity to establish the enforcement system of the international commercial settlement agreement in our country by coordinating relevant laws with the convention.China should establish a direct enforcement mechanism and confirm the enforceable effect of the SRICM in the legislation,detailing the enforcing procedures including the application for enforcement period,the competent court,fee payment and the agreement review body.In terms of reasons for refusal,provisions shall be made starting with the three contents related to the settlement agreement,violation of due process,violation of public policy or non-mediation of disputed matters.