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Research On The Implementation Of International Reconciliation Agreement In China

Posted on:2022-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Y YangFull Text:PDF
GTID:2506306746495934Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
As one of the core parts of ADR dispute resolution mechanism,international commercial mediation not only has high dispute resolution efficiency,but also has simple procedure and is not affected by judicial intervention.Its advantages are fast procedure,no judicial intervention,high settlement efficiency.The agreement reached on the implementation dispute is reasonable because of the lack of fairness.To address these issues,UNCITRAL is drafting an agreement on the cross-border implementation of dispute settlement agreements and an agreement on international settlements resulting from UN mediation,known as the "Singapore Mediation Agreement".The Singapore Conciliation Convention provides an important international legal mechanism for international economic and trade cooperation,and opens up a new way of international law for the settlement of international commercial disputes.From this we can get that the legislative situation of commercial mediation in China is quite different from the requirements of the Singapore Convention on Mediation.Differences in some clauses and lack of corresponding systems also make it difficult to implement international settlement agreements in China.In the context of the new implementation mechanism,perfect our implementation mechanism has become a problem that needs to be considered.The entire text begins in five sections.The first part is rejection,which explains the background and meaning of the topic,explores ideas and methods,and styles literature.The second part is a review of the foundations of the International Reconciliation Agreement.The third part is the situation of implementation of international agreements in China.By discussing the implementation norms,implementation methods and relevant courses of the international settlement agreement in China,it is concluded that there are differences between the implementation methods in China and those stipulated in the Singapore mediation convention,which lays a foundation for finding problems and putting forward suggestions.The fourth part mainly analyzes the practical difficulties of the international settlement agreement’s implementation of the in China,in other words,it may face the problems of the lack of supporting laws,the conflict of the implementation system and the crude implementation rules.Section V contains recommendations and reflections on how to improve the system for implementing these issues.
Keywords/Search Tags:Singapore mediation Convention, International settlement agreement, Commercial mediation, Cross border execution
PDF Full Text Request
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