Research On The Implementation Mechanism Of International Commercial Settlement Agreement Under The Singapore Convention On Mediation And China’s Response

The introduction of the Singapore Convention on Mediation is a milestone event in the history of international commercial Mediation.China signed the Convention on August 7,2019,and it is currently pending ratification.The approval of the Singapore Convention on Mediation is of great significance to optimizing China’s business environment and service opening strategy.This paper mainly studies the implementation mechanism of international commercial settlement agreement under the Singapore Convention on Mediation and China’s countermeasures.It mainly includes sorting out the latest research results at home and abroad in the field of international commercial mediation,and putting forward the research background,significance and methods of this paper.This paper expounds the relevant theories of international commercial settlement agreement,discusses the development process of mediation mechanism,the definition rules and legal nature of international commercial settlement agreement.To explore the transformation and implementation mechanism of international commercial settlement agreements before the Singapore Convention on Mediation,and to investigate the legislation and practice of transformation and implementation mechanism of international commercial settlement agreements outside the region before the Singapore Convention on Mediation.This paper expounds the main contents of the transformation implementation mechanism of international commercial settlement agreement and analyzes the limitations of the transformation implementation mechanism.Elaborate on the direct enforcement mechanism of international commercial settlement agreements established by The Singapore Convention on Mediation,investigate the issuing process of the Convention,and discuss the legal effect,review procedure,enforcement requirements,relief system and parallel processing rules of international commercial settlement agreements under the Convention.And evaluate the superiority of the direct execution mechanism of international commercial settlement agreement under the Singapore Convention on Mediation.Discuss the problems and countermeasures of China’s ratification of The Singapore Convention on Mediation at present,and elaborate the necessity and feasibility of China’s ratification of the Convention.To investigate the development status of International commercial Mediation in China and the main problems facing China in the approval of Singapore Convention on Mediation,Finally,based on the advanced practice of direct execution mechanism of international commercial settlement agreement under Singapore Convention on Mediation,several countermeasures and suggestions are proposed for China’s timely approval of Singapore Convention on Mediation.That is,the definition of "international commercial affairs",the approval of individual mediation,the clear form of examination,the transition from indirect and direct enforcement to unified direct enforcement,the perfection of the preservation system,the establishment of industry standards,the construction of non-execution of the nuclear reporting system,and the protection of the interests of outsiders.