Research On The Implementation Of The Singapore Mediation Convention In China

The United Nations about the mediation by the convention on international commercial conciliation agreement(hereinafter referred to as the Singapore mediation treaty or convention)as an important international conventions,the purpose is to provide mediation’s settlement standard uniform and normative and effectiveness of cross-border enforcement mechanism,In order to provide support for the effective development of international commercial mediation activities.The Convention can lay a theoretical foundation for countries around the world to build a diversified dispute resolution mechanism,and clearly points out that the settlement agreement has direct enforcement power,so that in the face of international disputes,the mediation procedure can also be a means of settlement,with the same legal effect as arbitration and litigation.Although China is one of the first signatories and has officially signed the mediation convention,according to the treaty procedure law,the convention can only take effect after The State Council sends the proposal to the National People’s Congress for approval and approval.Since the signing of this international convention,China has also begun to actively build the mediation system of international commercial affairs.However,due to the lack of perfect mediation rules and legislation system,China urgently needs to determine the legislative principles and relevant systems.In this paper,specific issues on China’s implementation of international commercial settlement agreements under the Singapore Convention on Conciliation are analyzed,which is divided into five parts.The first chapter is the introduction;The second chapter is the definition of relevant concepts and analysis of legal effect of international commercial settlement agreement under the Singapore Convention on Conciliation,which clarifies the specific scope of application of the convention on settlement agreement,and explains the legal effect of international commercial settlement agreement under the Convention,so as to lay a foundation for subsequent research.The third chapter analyzes the specific implementation mechanism of international commercial settlement agreement under the Singapore Convention on Conciliation.First,it elaborates the transformation implementation mechanism adopted by countries to implement international commercial settlement agreement before the issuance of the Convention,summarizes the main problems existing in it,and then puts forward the mechanism of the direct implementation of the convention on settlement agreement.By comparing the direct implementation mechanism of the convention with the transformational implementation mechanism before its promulgation,we can understand the basic connotation and advantages of the direct implementation mechanism constructed by the convention more deeply.The fourth chapter for China to perform under the Singapore mediation convention blocking issues encountered by international commercial conciliation agreement,combed the mediation system in our country,in the legislative framework,on the basis of analysis of the implementation of the settlement mechanism in our country,combining with the above,the concept of international commercial conciliation agreement under the convention,effectiveness and execution system analysis,From the aspects of legislation,judicature and supporting system,the main problems encountered in the implementation of international commercial settlement agreement under the Convention are summarized.Chapter five is the institutional construction of China’s implementation of international commercial settlement agreements under the Singapore Convention on Conciliation.Aiming at various obstacles in the implementation of international commercial settlement agreements under the Convention in Chapter Four,this chapter constructs corresponding systems to solve problems and promote the implementation of the Convention in China more smoothly.