Construction Of My Country's International Mediation Agreement Implementation Review System

The signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation,also known as the Singapore Mediation Convention,hereinafter referred to as the Convention has created a new field of cross-border enforcement of international commercial dispute settlement.Together with the Hague Convention on the Choice of Court Agreement and the New York Convention,it constitutes a relatively complete legal system applicable to the cross-border enforcement of international commercial dispute settlement.China participated in the whole process and signed the Convention as the first batch of contracting parties,providing a new path for the development of China's commercial mediation and the transnational implementation of international mediation agreements.Commercial mediation effectively reduces the termination of commercial relations due to disputes,facilitates the management of international transactions by commercial parties,and saves national judicial and administrative costs.It is increasingly used as a substitute for litigation in settlement of commercial disputes in various countries.How to give full play to the positive role of the Convention and reduce the impact on our country's legal system requires handling the effective connection between the Convention and our legal system.Article 3 of the Convention establishes a direct enforcement mechanism for international mediation agreements,which endows international mediation agreements with enforceable and final validity.It requires contracting states to implement the mediation agreements reached through mediation in accordance with their national procedural rules and requirements under the convention.However,the current law of our country does not endow the domestic mediation agreement produced through mediation with enforceability and final effect,and it still needs to be enforced through judicial confirmation procedures.There is a conflict of effectiveness between the two.Therefore,the first chapter of this article takes the promulgation of the Convention as the background,analyses related concepts,points out its international and domestic significance,and uses the direct implementation mechanism of the international mediation agreement established by the Convention as the starting point to deconstruct the three parts of the direct implementation mechanism of the international mediation agreement determined in Article 3 of the Convention: each party to the convention shall implement the mediation agreement in accordance with its own national procedural rules;each party to the convention shall implement the mediation agreement in accordance with the conditions specified in this convention;the convention;The parties should allow the parties to the dispute to invoke the mediation agreement to defend themselves.The second chapter describes the operation status of the relevant national mediation agreement implementation mechanism and the operation status of the mediation agreement implementation mechanism in China,and finds out the conflict dilemma between the direct implementation mechanism of the Convention and the status quo of the effectiveness of the mediation agreement in China and the foreign experience that can be referred to.Chapter 3 proposes a dual-track solution to the dilemma of validity conflicts,that is,to distinguish between international mediation agreements and domestic mediation agreements,and use judicial confirmation procedures to endow domestic mediation agreements with enforceability,and to perform review procedures to confirm whether international mediation agreements can be enforced.Furthermore,with the goal of establishing a review system for the implementation of international mediation agreement in China,the legislative path is used to determine the effectiveness of the international mediation agreement,and through the procedural path to determine whether to approve the implementation of the international mediation agreement from the aspects of the review subject,review content,review result,and relief mechanism,with a view to Solve the difficulties faced by China's international mediation agreement business at the level of effectiveness and implementation,and promote the convergence of the commercial mediation system with Chinese characteristics and the international advanced system.