| Commercial mediation has unique value as a means of resolving international commercial disputes,and the promulgation of the "United Nations Convention on International Settlement Agreements Resulting from Mediation"(hereinafter referred to as the "Singapore Convention")has filled up the shortcomings of the existing commercial mediation.The effectiveness of cross-border execution of settlement agreements reached through commercial mediation.At present,China has signed the "Singapore Convention".How to improve China’s international commercial mediation system to achieve the implementation of the Convention is an urgent need for research.The article first introduces the definition of the international commercial mediation system under the Singapore Convention,the implementation and reservation of the settlement agreement,and at the same time expounds the significance of the promulgation of the convention;secondly,it introduces the development and achievements of China’s commercial mediation system,pointing out there are four problems in China: the lack of international commercial mediation laws,the urgent need to improve the international commercial mediation organization,the shortage of international commercial mediators,and the imperfect implementation mechanism of the international commercial settlement agreement;Then I studied the mediation systems of the United States,the United Kingdom,and Singapore,and pointed out the reference significance of these three countries in improving the international commercial mediation system in my country from the three aspects of legislation,mediator system,and mediation institution system.Finally,it is proposed to formulate a sound international commercial mediation model law,establish approval and the regulatory system is to improve international commercial mediation institutions,to improve the mediator system from the two perspectives of cultivating professional capabilities and professional ethics,and to improve the implementation mechanism of the settlement agreement from the four perspectives of the jurisdiction,review,preservation and implementation of the settlement agreement to improve China’s international commercial mediation system. |
