| In August 2019,the United Nations Convention on International Settlement Agreements Resulting from Mediation(hereinafter referred to as the Singapore Convention)was opened for signature,and China was one of the first signatories.The birth of the Singapore Convention is an innovation in the international commercial dispute resolution system.The enforceability of the settlement agreement is clearly stipulated in the Singapore Convention,and the payment content of the settlement agreement is legally guaranteed.This is expected to provide a good medicine for solving the problem of cross-border enforcement of settlement agreements and improve the status of mediation in dispute resolution.China’s commercial mediation system started late,and for a long time,settlement agreements only have the effect of civil contracts.In addition,there are still barriers to cross-border enforcement of settlement agreements in China’s practice,and most commercial entities prefer to use litigation or arbitration to resolve disputes.The study found that the existing way of enforcing settlement agreements in China conflicts with the direct enforcement mechanism of the Singapore Convention.This paper mainly adopts comparative analysis method and interdisciplinary research method to carry out research.This article takes the core content of the Singapore Convention as the starting point,which innovates the scope of application of settlement agreements and clarifies the formal requirements and exception conditions for the enforceability and enforceability of settlement agreements.Although the existing three enforcement methods in China guarantee the implementation of the settlement agreement,conflicts in the enforcement mechanism and review criteria will lead to the inability of the settlement agreement under the Singapore Convention to be directly implemented in the existing enforcement mode.The fundamental reason is that China’s international commercial settlement agreements are not enforceable,and the settlement agreement must be reviewed before applying for enforcement.In addition,China’s review and identification,application for preservation,enforcement supervision and relief mechanisms for the implementation of settlement agreements are also not perfect.In the face of conflicts encountered in the process of connection,they can be overcome by clarifying legal norms and improving supporting measures.This article proposes legislation to clarify the validity and scope of application of international commercial settlement agreements,conditionally give settlement agreements direct enforcement force,and refine the provisions of the Convention on the grounds for refusal of enforcement.In terms of supporting mechanisms for the enforcement of settlement agreements,it is proposed to build review procedures that meet the characteristics of mediation,improve relief and preservation mechanisms,and strengthen supervision over enforcement.Through the above measures,the implementation of the settlement agreement is standardized to protect the legitimate rights and interests of the parties.On the basis of safeguarding the value of the Singapore Convention,this article constructs a settlement agreement enforcement mechanism that is closely linked with the Convention,further promotes the development of commercial mediation in China,and enhances China’s voice in participating in and leading the formulation of international rules. |
