| The United Nations Convention on International Settlement Agreements Resulting from Mediation(hereinafter referred to as the Singapore Mediation Convention)was opened for signature on August 7,2019 in Singapore,with 46 countries and regions including China and the United States as the first signatories Signed this convention,and now the convention has 52 members.However,joining the Singapore Mediation Convention does not mean that the international commercial settlement agreement can be smoothly implemented in the contracting states.The convention requires that each contracting state has a relatively complete commercial mediation mechanism,otherwise the international commercial settlement agreement between the parties will be regarded as an ordinary contract to execute because there is no corresponding domestic law.In China’s domestic legal system,there is no special commercial mediation law,nor a special international commercial settlement agreement enforcement mechanism,which is not conducive to the real implementation of the Singapore Mediation Convention in China.While China is actively promoting international commercial intercourse,in order to solve this real problem,this article reflects and explores the issue of the implementation mechanism of China ’s international commercial settlement agreement,starting with the core provisions of the Singapore Mediation Convention for implementation and analysis.The existing problems and specific solutions of China’s existing enforcement mechanism,with a view to a relatively clear understanding of the enforcement mechanism under the Singapore Mediation Convention,and also provide a useful reference for the domestic legislative practice of establishing an international commercial settlement agreement enforcement mechanism in the future.This article is divided into six chapters.Chapter 1 is an overview of the Singapore Mediation Convention.The first is to introduce the background of its formulation,mainly from the importance of establishing an international commercial settlement agreement enforcement mechanism and the deficiencies of the existing enforcement mechanism,highlighting the necessity of the convention.Second,a brief description of the process of formulating the convention.Finally,it analyzes the positive significance of China’s accession to the Convention and discusses how the Convention will play a role in China.Chapters 2 to 5 are a comparative analysis of the implementation mechanism of the international commercial settlement agreement under the Singapore Mediation Convention and the status quo of China’s enforcement mechanism,with the purpose of identifying problems in China’s enforcement mechanism.Introduce the entire set of execution mechanisms from the four parts of the scope and definition of application,the application for execution procedures,the reasons for refusal to execute and the processing of parallel programs,and analyze the main points of the provisions.Chapter 6 is to make suggestions on improving China’s implementation system of international commercial settlement agreements.The first is to increase the definition of the relevant concepts of international commercial settlement agreements,starting from the definition,scope of application and formal requirements of the settlement agreement,to solve the lack of the basic law of commercial mediation and part of the application of procedural issues.The second is to perfect the grounds for refusal to implement international commercial settlement agreements with reference to the content of the convention in conjunction with the provisions of domestic law,in order to indicate the specific reasons for the enforcement agency and the parties that the settlement agreement cannot be executed.The third is to proceed from the notarization and judicial confirmation procedures,and put forward specific suggestions for improving the execution procedures of commercial settlement agreements,aiming to provide diversified execution paths and provide convenience for the parties.The fourth is to increase the processing of parallel procedures,aimed at avoiding duplication of procedures and improving judicial credibility.Fifth,formulate a model mediator code.Regulating mediator behavior is an indispensable part of the commercial mediation mechanism.Given that the mediator code is associated with the reasons for refusing to execute the settlement agreement,it is also an important part of improving the enforcement mechanism. |
