Research On The Implementation Mechanism Of International Settlement Agreement

With the continuous development of international commercial dispute settlement,mediation has become the most representative and most widely applicable ADR dispute settlement mechanism.But in judicial practice,most countries（regions） do not recognize the effectiveness and enforceability of international settlement agreement.The United Nations on conciliation of international settlement "(hereinafter referred to as the Singapore convention),the acknowledgement and enforcement of foreign arbitral awards convention(hereinafter referred to as" the New York convention "),the choice court agreement convention(hereinafter referred to as the agreement convention)and the convention on the recognition and enforcement of foreign civil and commercial judgment(hereinafter referred to as the verdict convention)them have made provisions for the international settlement agreement,that is,a closed loop structure is formed for the implementation of the international settlement agreement.In cases where judicial and arbitral settlement agreements cannot be implemented in the same way as judgments and awards due to different provisions in different countries and regions,the implementation model of international mediation and settlement agreements may be followed,but this closed-loop structure is the ideal state under the condition that all the above-mentioned conventions are signed.So in terms of the current international community,how should the international settlement agreement be implemented?In order to further understand the implementation mechanism of international settlement agreements,the following studies are carried out in this paper:The introduction part is the research background and significance,research status at home and abroad,research methods and innovations.The first chapter describes the definition and implementation mechanism of international settlement agreement.This chapter discusses the concept,characteristics and classification of international settlement agreement.The meaning of "reconciliation" in international settlement agreement is different from the definition of reconciliation in The Civil Procedure Law of China.The international settlement agreement described in this paper requires the intervention of a third party(such as a court,arbitration tribunal or mediator)before the dispute is reached,and the international settlement agreement must have international and commercial characteristics.Because of the different procedures of international settlement agreement,we can divide international settlement agreement into judicial settlement agreement,arbitration settlement agreement and mediation settlement agreement.Chapter two analyzes the nature and validity of international settlement agreement.The nature of international settlement agreement is mainly discussed from five aspects: private law theory,litigation theory,adjudication theory,compromise theory and nature determination.The validity of international settlement agreement is based on contract theory,res judicata theory and executive force theory.Chapter three studies the execution mode of international settlement agreement and the reasons for refusing to execute it.The execution mode of international settlement agreement includes judgment,award and "contract",and then summarizes the execution mode.Grounds for refusal to implement international settlement agreements include non-finality,violation of public policy,and exceptions indicating refusal to implement.The fourth chapter enumerates the extraterritorial legislation and cases of the implementation of international settlement agreement,and makes an analysis and interpretation.The foreign legislation part mainly compares and analyzes the legislative research of China’s Hong Kong,Singapore,India,European Union and United Nations model mediation law.In the case part,it mainly analyzes Castro’s industrial injury arbitration case and China’s court mediation case in Singapore.Chapter five discusses the implementation mechanism and improvement suggestions of international reconciliation agreement in China.From the analysis of the present situation,obstacles and suggestions for improvement,the current situation of the implementation of international reconciliation agreements in China mainly illustrates the recognized effectiveness and implementation mode in China,and the obstacles mainly include the implementation obstacles caused by the lack of mediation legislation,the imperfection of the mediator system and the identification of effectiveness.The improvement suggestions are to make unified legislation,to professionalize mediators and not to implement the improvement.Finally,on the basis of the above theoretical analysis and judicial practice,the author summarizes the implementation mechanism of international settlement agreement.And the present development of China’s mediation system is discussed,and the future of China’s high quality development in the field of mediation expressed expectations.