| The establishment of the "United Nations Convention on International Settlement Agreements Resulting from Mediation"(hereinafter referred to as the "Convention")provides an international legal basis for mediation of disputes,improves the diversified dispute resolution system,and improves the efficiency of mediation.The "Convention" stipulates the direct execution mode and formal review method of the settlement agreement.This bright spot is bound to further promote the development of mediation in international commercial disputes.my country should formulate a corresponding cohesion system as soon as possible to better apply the development of the "Convention" and improve the business environment of the "Belt and Road".The issue of the implementation of the settlement agreement is the core of the convention.Research on the implementation of the settlement agreement under the "Convention" in my country,clarify the legal obstacles in the implementation process,and improve the connection between the settlement agreement in my country and the implementation mechanism under the "Convention".This article will be divided into four chapters to discuss:The first chapter introduces the definition and meaning of the international commercial settlement agreement under the Convention.The settlement agreement can only satisfy the application of the Convention if it meets the elements of “internationality”,“commercial” and“independent mediation procedures”.Scope,elaborated on the reservation of the settlement agreement in detail.Furthermore,the significance of international commercial mediation agreements will be explored from three aspects: the importance of dispute resolution itself,the importance of the construction of the "Belt and Road",and the unification of the international legal system.The second chapter studies the implementation mechanism of the settlement agreement under the "Convention".The procedure of "recognition" is analyzed and interpreted,and the direct implementation mechanism of the "Convention" is emphasized,and the competent authority conducts a "formal review" model.Finally,a comparative analysis of the similarities and differences between the reasons for the refusal to implement the international commercial settlement agreement and China’s refusal to implement the settlement agreement was carried out.The third chapter analyzes the difficulties in the implementation of international commercial settlement agreements in China.Through the comparison of the differences between my country and the "Convention",it discusses the analysis of four difficulties in my country.The first is the lack of a commercial mediation law that defines the scope of settlement agreements,and requires the establishment of confidentiality rules and the distinction between civil and commercial affairs.Second,there are differences and conflicts between my country’s substantive review implementation methods and the "Convention",and the reasons for implementation need to be improved.Third,the lack of a mediator system in my country makes it difficult to match the relevant responsibilities of mediators in the Convention.Fourth,my country lacks a supporting mechanism for commercial settlement agreements.The fourth chapter proposes China’s perfect path to the implementation mechanism of the settlement agreement.Including the formulation of the Commercial Mediation Law,distinguishing between civil and commercial mediation,clarifying the scope of mediation and confidentiality clauses;improving the implementation procedures,specifying the form identification and execution mode of the settlement agreement;improving the mediator selection system and professional standards,and certifying mediators Link with professional standards;finally improve the corresponding supporting mechanism,establish an annual review and report system,improve the preservation mechanism for the implementation of the settlement agreement,establish a settlement agreement encouragement mechanism and other measures to promote the legal connection between my country and the Convention’s commercial mediation implementation mechanism. |
