| The Singapore Convention on Mediation endures the international commercial settlement agreement with the enforcement power,and the parties can apply to the member states of the Convention for enforcement on the basis of the international commercial settlement agreement.As one of the first signatories of the Convention,China’s ratification of the Convention will open up a new way to implement international commercial reconciliation agreements,optimize the existing execution methods in China,and help to promote the perfection of China’s commercial mediation system.In order to prepare for the implementation of the Convention in China in the future,the implementation rules of international commercial settlement agreements and commercial mediation system in China need to be compatible with it.In China,there are mainly three ways to implement international commercial settlement agreements,namely,the settlement of litigation,the settlement of secondary settlement and the notarial documents of creditor’s rights,which provide certain guarantee for the implementation of the content of international commercial settlement agreements.Compared with the international commercial settlement agreement as a contract,the existing execution method simplifies the execution procedure and makes the execution of the settlement agreement more convenient and quick.However,these enforcement methods conflict with the relevant provisions of the Convention in the aspects of enforcement mechanism,enforcement review standard,nationality classification standard and the concept scope of international commercial settlement agreement,so the existing enforcement methods in China cannot be directly connected with the Convention.The fundamental reason for the existence of the conflict is that the international commercial settlement agreement in China is not enforceable and lacks the provisions of confidentiality of mediation and the corresponding norms of legal application.In addition,the implementation of the implementation rules of the Singapore Convention on Mediation in China still depends on the external environment of commercial mediation system,and the level of international commercial mediation institutions and international commercial mediators in China is not enough to meet the landing conditions of the Singapore Convention on Mediation.In the face of the conflicts in the process of convergence,China should make reference to the relevant practices of Singapore’s convergence convention on the basis of the practice of commercial mediation in China when choosing the implementation path.In the context of the Singapore Convention on Mediation,China should choose a progressive way to implement international commercial settlement agreements,and gradually promote the practice standardization through judicial interpretation,pilot and improvement of relevant supporting measures,so as to promote the implementation of the Convention.Specifically,the gradual implementation path is divided into two steps: the short-term path and the long-term path.In the near future,China can first adopt judicial interpretation to support the implementation rules of the Convention,so as to realize its preliminary application in China.In addition,the free trade zone can be used as a pilot to explore the path of standardization and institutionalization of the development of commercial mediation.In the forward path,establish and improve the centered on international commercial conciliation agencies and international commercial mediators of supporting measures,after being mature commercial mediation,summarize experience,form a draft legislation,promote "commercial mediation method",and gradually promote the execution of international and domestic commercial settlement mechanism and the unity of the standard,Finally,a favorable external environment will be created for the implementation of the Convention. |
