Research On The Implementation Of International Commercial Settlement Agreements From The Perspective Of The "Singapore Mediation Convention"

By the end of March 2021,53 countries have signed the United Nations Convention on International Settlement Agreements Resulting from Mediation(hereinafter referred to as the" Singapore Mediation Convention").As the first international convention in the field of international commercial mediation,Singapore Mediation Convention has opened the"last mile"for cross-border enforcement of international commercial settlement agreements.First,Singapore Mediation Convention defines the standard of international commercial settlement agreement.Then,Singapore Mediation Convention endows international commercial settlement agreement with enforceability.Finally,it also constructs the enforcement framework of international commercial settlement agreement,which provides the convention basis for the enforcement of international commercial settlement agreement.Singapore Mediation Convention,Convention on the Recognition and Enforcement of Foreign Arbitral Awards(hereinafter referred to as New York Convention)and the Convention on the Recognition and Enforcement of Foreign Civil and Commercial Judgments constitute three basic legal documents for international commercial dispute resolution,and are known as the"troika"for international commercial dispute resolution.Therefore,while studying the new rules of Singapore Mediation Convention on cross-border enforcement of international mediated settlement agreements,it is necessary to reflect on the shortcomings of the established cross-border enforcement mechanism,so as to highlight the progress of Singapore Mediation Convention.Also,it is necessary to further analyze and test whether the mechanism established by Singapore Mediation Convention can meet the needs of rapidity and convenience,and to provide suggestions for China's formal approval of joining Singapore Mediation Convention in the future.Chapter ? starts with the existing enforcement mechanism of international commercial settlement agreements before Singapore Mediation Convention was enacted.First,from the theoretical level,according to the nature of the third party involved in mediation,international commercial settlement agreements are classified into different types with different effectiveness..Secondly,it analyzes the international legislation on the enforcement of international commercial settlement agreements before Singapore Mediation Convention,and explores the shortcomings of existing normative documents.Thirdly,the paper analyzes the cross-border enforcement mode of international commercial settlement agreement in practice,and discusses the shortcomings and causes of the existing mode.This paper analyzes the cross-border enforcement mechanism of existing international commercial settlement agreements from three aspects:theory,international legislation and practice,so as to prepare for the analysis of the progressiveness of Singapore Mediation Convention.Chapter ? studies the scope of application,the relief mechanism for international commercial settlement agreements,and the grounds for refusing to grant relief.In the scope of application,the Singapore Mediation Convention has more mature provisions on the internationality of commercial settlement agreements,which are designed from the perspective of settlement agreements and identified from the perspective of mediation procedures.At the same time,it highlights the importance of mediation as an independent procedure and distinguishes it from litigation and arbitration.For the first time,the international commercial settlement agreement has been given enforceability in the form of convention,and there are two ways of relief:one is to allow the parties to apply to the contracting state for enforcement of the settlement agreement,which should be implemented according to the requirements of the convention and their own procedures,and the other is to allow the parties to invoke the settlement agreement for defense.In order to avoid the abuse of discretion by the countries concerned and reasonably restrict the rights of the parties,Singapore Mediation Convention also adds the ground for refusing to grant relief,which effectively balances the direct enforcement mechanism.Chapter ? analyzes the limitations of Singapore Mediation Convention in solving the dilemma of the enforcement of international commercial settlement agreements.First,it is difficult to implement the Convention.In the countries where the Convention has come into force,most countries have not updated their domestic systems,so the Singapore Mediation Convention is not feasible.Among the countries that have not signed the Convention,some countries hold a negative attitude towards the Convention.Secondly,the specific legal effect of invoking international commercial settlement agreement in non-enforcement procedure is not clear.Thirdly,it will bring difficulties to popularize Singapore Mediation Convention when choosing the reservation of applicable clauses.Chapter ? discusses the challenges China will be faced with which are brought by the relief mechanism of Singapore Mediation Convention to international commercial settlement agreements and how to deal with them.First,combining with the requirements of Singapore Mediation Convention,this paper analyzes the incompatibilities with the Convention in the process of implementing international commercial settlement agreements in China,such as the lack of standardization of mediators in China,the lack of enforcement of international commercial settlement agreements by law,and the fact that the current judicial confirmation procedures do not conform to the domestic procedures required by the Convention.Secondly,according to the above-mentioned problems,this paper puts forward the corresponding countermeasures,and puts forward some suggestions for promoting the implementation of Singapore Mediation Convention in China.Our country needs to improve the mediator's criterion,construct the review procedure and implementation procedure of international commercial settlement agreement relief,and divide the implementation of settlement agreement into domestic and foreign dual-track system.