| With the signing of “the United Nations Convention on International Settlement Agreements Resulting from Mediation（hereinafter referred to as the Singapore Convention）”in 2019,the international settlement agreement reached through mediation is in international commercial disputes.Will play an important role.This article uses an analogy method,starting from the international and commercial standards of international settlement agreements,specifically analyzes the difficulties that may be encountered in the recognition and implementation of international settlement agreements in China,and proposes that China ’s ratification of the Singapore Convention should improve corresponding domestic legislation.The recognition and implementation of international settlement agreements in China must first clarify the standards of international settlement agreements.Although the definition of "international settlement agreements" is explained in the Singapore Convention,special analysis and explanation of related concepts are needed.In particular,the interpretation of the "international" and "commercial" requirements of international settlement agreements is made to clarify the scope of international settlement agreements.This article also discusses the recognition and enforcement of international settlement agreements in China.In the second part of the article,the analogy between the Singapore Convention and “the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards（hereinafter referred to as the New York Convention）” is to recognize and enforce international settlement agreements or arbitral awards.A unique mechanism for recognition and enforcement of settlement agreements.The "Singapore Convention " model is more flexible than the "New York Convention" model and is quite different from the latter.In this part,the author also notices that the Singapore Convention has restrictions on parties to enter into settlement agreements through autonomy of the parties,which is a testament to the biggest concern when recognizing international settlement agreements-the parties use the settlement agreement to commit fraud and benefit third parties.Or national interests.At the same time,this part also conducts necessary research on the recognition and enforcement of international settlement agreements in the three places based on the practice of Hong Kong as a dispute resolution center,as well as Macau and Taiwan.In terms of the implementation of international settlement agreements in China,China should further improve the review mechanism of international settlement agreements,especially the scope and nature of the review of international settlement agreements.As far as the mechanism is concerned,the review of China’s international reconciliation agreement should be consistent with the provisions of the Singapore Convention.It should be open to inclusive mediation of the international dispute settlement agreement resulting from this multi-dispute settlement mechanism（ie,ADR）.The nature should be a formal review.There may still be deficiencies in the content of the review and the review mechanism,and China should build the relevant system to which the Singapore Convention applies in China as soon as possible.In particular,in the provisions of the Civil Procedure Law,the relevant content of the review of international settlement agreements was increased,and the review institutions were clearly defined.At the same time,China’s current commercial mediation system should be completed in terms of improving China’s international mediation substantive law,relief rules,and building a professional mediator mechanism. |
