Study On The Singapore Convention On Mediation

Mediation is an ancient method of dispute settlement.As early as thousands of years ago,Chinese ancestors had the social ideal of "harmony" and "Datong",and respected the concept of "no litigation" and "harmony is precious".In recent years,with the rapid development of social economy,more and more contradictions and disputes have emerged,which has formed a significant feature of multiple quantity,multiple subjects and diverse demands.As a way of dispute resolution,mediation can balance the interests of all parties and resolve the conflicts in a peaceful way.With the changes of social structure and interest pattern,which meet the essential requirements of modern harmonious society,the international community is increasingly choosing mediation to solve disputes.However,due to the differences in legislation of various countries,mediation agreements have no transnational enforceability.To some extent,this short board hinders the development of international commercial mediation.Especially in recent years,with the in-depth implementation of the Belt and Road Initiative,commercial transactions between countries along the Belt and Road are increasingly close,and relevant international commercial disputes are gradually increasing,so how to build a dispute resolution mechanism along the Belt and Road has become a focus of attention.International commercial mediation will play a more and more important role in the construction of the Belt and Road proposed by China or in the construction of international rule of law.The Convention on International Settlement Agreements Resulting from Mediation(hereinafter referred to as "the Singapore Convention on Mediation")was born to facilitate the convenient and rapid implementation of mediation agreements.It is a multilateral convention on the enforceability of international commercial settlement agreements reached through mediation.Its purpose is to encourage mediation in the same way that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards(hereinafter referred to as "the New York Convention")promotes the development of arbitration.In this environment,since the Belt and RoadInitiative was put forward in 2013,China's economic exchanges with countries along the Belt and Road and other countries are increasing,and the corresponding disputes are also increasing.China is constantly exploring the establishment of an effective mechanism to resolve international commercial disputes.At present,China has sent representatives to sign the Singapore Convention on Mediation.The main content of this paper is why the Singapore Convention on Mediation came into being,what is its purpose and significance,and how China will respond to it.There are more than40,000 words in the paper,which are mainly composed of the following chapters:The first chapter is "Introduction".This chapter first determines the basis of the Singapore Convention on Mediation,analyzes the significance of this paper,expounds the current research situation at home and abroad,and then briefly explains the innovation and shortcomings of this paper.Chapter two is "International Commercial Conciliation and the Singapore Convention on Mediation".This chapter is based on three main solutions of international commercial disputes,namely,international commercial mediation,international civil litigation and international commercial arbitration.Firstly,it examines the problems of international civil litigation and the deficiencies of international commercial arbitration,and points out the value of the development of international commercial mediation.On this basis,it further explores the problems existing in international commercial mediation,that is,the lack of transnational enforceability in the international community.According to the situation that this problem hinders the development of international commercial mediation,it is believed that the emergence of the Singapore Convention on Mediation is a great driving force for its development.At last,it expounds the purpose and significance of the Singapore Convention on Mediation.Chapter three is "the Main Contents of the Singapore Convention on Mediation".In July 2014,the United Nations Commission on International Trade Law received a proposal on the implementation of the settlement agreement resulting from international commercial mediation.In February 2015,it began to prepare the drafting of the Singapore Convention on Mediation.In June 2018,the text was finalized andopened for signature in August 2019 after the adoption of General Assembly of the United Nations.Now,46 countries have signed it.In view of the fact that the Singapore Convention on Mediation came into being late,this chapter will explore the main contents of the Convention in detail and in depth.Starting from the comparative study of the New York Convention,the Convention on the Recognition and Enforcement of Foreign Civil and Commercial Judgments,the Convention on the Choice of Court Agreement and the Singapore Convention on Mediation,which currently play an important role in the international commercial dispute settlement mechanism,this paper introduces the scope of application of the Singapore Convention on Mediation.This paper analyzes and proves the establishment of enforcement conditions and refusal to grant relief conditions in the Singapore Convention on Mediation.Chapter four is "Innovation and Value of the Singapore Convention on Mediation"."Existence is reasonable".After years of consultation and discussion,the Singapore Convention on Mediation was finally determined and opened for signature,and its innovative significance and value are beyond doubt.Therefore,this chapter further analyzes the innovative significance of the convention,pointing out that the emergence of the Singapore Convention on Mediation will endow the international commercial mediation agreement with transnational enforceability from the system,simplify its implementation mechanism in the process of implementation,and enrich the diversity of reconciliation agreement forms.On this basis,this chapter mainly examines the value of the Singapore Convention on Mediation,pointing out that the Convention will improve the status of mediation in the field of international commerce,promote the settlement mechanism of international commercial disputes more mature,and promote friendly exchanges in the field of international commerce.Chapter five is "Thinking on China's Accession to the Singapore Convention on Mediation".On August 7,2019,China authorized representatives to sign the Singapore Convention on Mediation,but according to the relevant provisions of domestic law,China has not formally acceded to the convention.However,since our country has signed,it is necessary to consider whether our country will join and thepractical problems we will face after joining.This paper holds that our country should join the Singapore Convention on Mediation.On this basis,this chapter examines the necessity and feasibility of China's accession to the convention,discusses the possible legal system obstacles,and combined with the analysis and demonstration of the previous chapters,puts forward specific suggestions on how to solve the accession.