Construction Of The Enforcement System Of Commercial Mediation Agreement In China Under The Background Of Singapore Convention

The Singapore Convention recognizes the enforceable effect of international commercial conciliation agreements and adopts a direct enforcement mechanism,the parties may apply directly to the competent authority of the place of enforcement for enforcement of the mediation agreement without recourse to any review and certification procedure.However,in China,both domestic and international commercial mediation agreements do not have the effect of enforcement,the parties can not directly apply to the court for enforcement of the mediation agreement until the mediation agreement is transformed into a legally enforceable instrument through the mechanism of "connection system of arbitration and mediation" or "connection system of litigation and mediation".Although the transformation implementation mechanism provides a solution to the practical dilemma of insufficient execution of mediation agreements,it has disadvantages and limitations in both domestic and international implementation,and is also inconsistent with the concept of efficient and convenient and low-cost mediation.Although China has signed the Singapore Convention,you still need to be fully prepared to successfully ratify it.In view of this,this article takes the Singapore Convention as the research angle of view,introduces its main contents in detail,analyzes and compares the advantages and disadvantages of the direct execution mechanism and the transformation execution mechanism,and probes into the justification and necessity of giving the execution force to the commercial mediation agreement.Commercial mediation is a dispute settlement method based on the theory of party autonomy and due process,although it does not need to be adjudicated according to law,legality is still the basic principle that it must abide by.The principles of commercial mediation,court mediation and arbitration mediation are similar,and the effectiveness of the settlement results should be consistent.Considering the reality of the development of commercial mediation in China,it is suggested that the international commercial mediation agreement be endowed with the force of enforcement at first,it is suggested that the relevant systems and practices in the enforcement of arbitration awards in China be used for reference.In addition,it is necessary to improve the corresponding implementation system,including speeding up the legislative process of commercial mediation,improving the market-oriented level of commercial mediation organizations and establish a commercial mediator certification mechanism and a code of conduct.