Research On The Mediation System Of My Country's International Commercial Courts

With the increasing number of international commercial disputes,ADR is developing vigorously in all countries in the world.Mediation has become an important force to solve international commercial disputes due to its advantages of flexibility,high efficiency and mildness,which makes up for the disadvantages of lengthy litigation procedures and expensive arbitration.In 2002,the United Nations general assembly adopted the model law on international commercial mediation proposed by the United Nations commission on international trade law(UNCITRAL),which aims to provide a reference model for countries to develop ways of international commercial mediation.In 2018,uncitral also signed the convention on international conciliation agreements arising from mediation(hereinafter referred to as the Singapore convention)with other countries to build a bridge for the implementation of conciliation agreements reached through international commercial conciliation.With the vigorous development of various countries,the international commercial mediation has gradually formed the development trend of marketization,specialization and procedure.In 2018,China set up an international commercial court to provide one-stop services for parties involved in litigation,arbitration and mediation.However,as far as the settlement of disputes since its establishment is concerned,the parties choose more litigation or arbitration to settle their disputes,and mediation is still at a disadvantage compared with litigation and arbitration.Starting from this phenoenon,the author conducts an investigation and research.After sorting out the mediation system of the international commercial court,it is found that there are two problems in the mediation system.In the aspect of system operation,the basic guarantee and supervision regulations are not detailed enough,and the risk response measures are not complete,which affect the choice of the parties concerned.As a result of the above two problems,the parties to the dispute cannot fully realize the advantages of the mediation system and lack of trust in it,which leads to the situation that the mediation is at a disadvantage.The specific problems are as follows:first,the international commercial court lacks a unified qualification standard and professional code of conduct for mediators,resulting in uneven quality of mediators.Second,the international commercial courts lack a unified model law on mediation basis,and expert committees and mediation institutions lack a systematic basis for mediation,which is not conducive to efficient mediation.Thirdly,the lack of conversion procedures between mediation and arbitration is not conducive to the operation of the "one-stop" dispute resolution mechanism of international commercial courts.Fourth,with China's signing of the Singapore convention,the relevant implementation issues of the mediation agreement need to be clearly defined and standardized.According to the above analysis,the main frame of this paper came into being.The research object of this paper is the perfection of mediation system of international commercial court in China.The first chapter introduces the concept,characteristics and value of the international commercial mediation system,analyzes its unique value in solving international commercial disputes,and clarifies the important significance of perfecting the mediation system of the international commercial court in China.The second chapter analyzes the existing rules of the mediation system of the international commercial court,analyzes the existing system problems,and clarifies the fundamental reasons that restrict the development.The third chapter,by combining the contents of the two parts above,studies the international advanced experience and discusses how to localize the foreign advanced experience in accordance with China's national conditions.The fourth chapter summarizes the above research and puts forward the strategic direction and Suggestions on how to improve China's international commercial mediation system,including:first,establish a clear qualification standard and certification system for mediators,formulate professional management norms for mediators,and ensure the specialization of mediation subjects and the standardization of mediation behavior;Second,we should improve the unified model law and international commercial mediation fee standard on the basis of mediation,so as to facilitate the parties' reference and selection and improve the efficiency of commercial mediation.Thirdly,the rules of procedure conversion between arbitration and mediation should be clearly stipulated to improve the efficiency of the international commercial court.Fourth,to clarify the relationship between the Singapore convention and the enforcement of the international commercial court during the implementation of the settlement agreement.