The Enlightenment Of The Enforcement Mode And Conditions Of The Mediation Agreement In The Singapore Mediation Convention

Compared with arbitration,there are already widely applicable and mature international conventions in the world.However,since there is no comprehensive and unified international mediation agreement in the global scope that can be used to develop international arbitration conventions as comprehensive and unified as possible International conventions that are quickly recognized and enforced within various regions.The international community has not reached consensus on the effectiveness and enforcement of mediation agreements arising from commercial mediation.International commercial mediation cannot play its unique role in the resolution of international commercial disputes Value and function.In order to solve this practical dilemma and promote the progress and improvement of international commercial mediation,the United Nations Commission on International Trade Law(hereinafter referred to as the United Nations UNCITRAL)began to draft a convention for the transnational implementation of settlement agreements.The Settlement Agreement Convention(hereinafter referred to as the Singapore Mediation Convention)came into being.The mediation agreement in the Singapore Mediation Convention does not include court mediation and arbitration mediation,that is,the judicial and non-litigation mediation agreements(excluding the arbitration and mediation agreement)of our country that correspond to the implementation methods and conditions of the mediation agreement in the Singapore Mediation Convention Confirm the procedure.The article first compares the implementation methods and conditions of the mediation agreement in the Singapore Mediation Convention with the implementation methods and conditions of the non-litigation mediation agreement in China,mainly from the international,commercial,third-party,written and agreement of mediation The detailed comparison of the enforcement mechanism and the requirements of the enforcement agreement,analysis and understanding of the results of the comparison can reveal the vacancies in the law after China's accession to the Convention,thus recognizing and acknowledging China's non-litigation mediation agreements,including international commercial mediation agreements.The improvement of the enforcement system has a positive significance,and it promotes the improvement of the international commercial mediation mechanism in China's domestic law;the second is to discuss the plight of the implementation of China's non-litigation mediation agreement in the context of the Singapore Mediation Convention.As a new international convention,it must be consistent with The current needs of the international community,and the law is lagging behind,China's accession to the "Singapore Mediation Convention" has a certain impact on China's judicial confirmation system,and it also contradicts the relevant terms of the mediation agreement involved in China's current laws and regulations.The qualifications of our country's mediators cannot meet the needs after joining the Convention;the last is to propose suggestions to improve our country's commercial mediation in light of the dilemma described in the previous chapter,clarify the types and implementation mechanisms applicable to the subject,and uniformly stipulate the mediator's code to dilute our country.Administrative mediation,etc.,to better integrate the Singapore Mediation Convention with China's domestic law.In the vigorous development of international commercial mediation,China actively promotes the development of international commercial mediation.China's active participation shows China's attitude and position.The Singapore Mediation Convention provides a powerful way to implement the mediation agreement reached by international commercial mediation.The guarantee is conducive to promoting the development of China's international trade under economic globalization.