A Study On The Enforcement Of International Commercial Settlement Agreement In China

In August 2019,the United Nations Convention on international settlement agreements arising from mediation(hereinafter referred to as the <Singapore Convention>)was opened for signature by countries around the world,which aroused the attention of countries around the world on the cross-border implementation of international commercial settlement agreements.<Singapore Convention> directly endows international commercial settlement agreements with executive power,which is expected to solve the long-standing problem of lack of executive power in the process of cross-border implementation of international commercial settlement agreements.China participated in the formulation of the <Singapore Convention>,and was one of the first countries to sign the it.In recent years,China has paid more and more attention to the use of mediation to solve international commercial disputes.However,in China’s current legislation,the provisions concerning the implementation of international commercial settlement agreements arising from mediation are relatively vague,which makes China’s commercial subjects reluctant to choose international commercial mediation to solve international commercial disputes.This paper holds that it is of great significance to study<Singapore Convention> and improve the relevant systems of the implementation of China’s international reconciliation agreements to promote the development of China’s international commercial mediation.This paper mainly uses the methods of literature analysis and comparative study to study the provisions of <Singapore Convention>,and on this basis,in view of some problems existing in China’s current legislation on the implementation of international commercial settlement agreements,puts forward some suggestions to improve the implementation provisions of China’s international commercial settlement agreements.This paper is divided into three chapters:The first chapter mainly introduces China’s international commercial settlement agreement and its enforcement,pointing out the problems existing in the current provisions of China’s international commercial settlement agreement.There are three problems: unclear international judgment standard of international commercial settlement agreement,unclear how to confirm the executive power of international commercial settlement agreement,and lack of specific standards to confirm the executive power of international commercial settlement agreement.The second chapter mainly introduces the main content of <Singapore convention>.This chapter introduces in detail the international judgment standard of international commercial settlement agreement in Singapore convention,the provisions of directly confirming the execution of international commercial settlement agreement,and the conditions of confirming or refusing to confirm the execution of international commercial settlement agreement.The third chapter mainly expounds the Enlightenment of <Singapore Convention> to improve the relevant provisions of our country.Three suggestions are put forward,that is,to take the place of business of the parties to the commercial settlement agreement as the standard to judge the internationality of the agreement,to try to directly confirm the executive power of the international commercial settlement agreement conditionally at the present stage,and to clarify the requirements of the international commercial settlement agreement that can directly confirm the executive power,so as to improve the implementation system of the international commercial settlement agreement in China.