| The United Nations Convention on International Settlement Agreements resulting from Mediation(hereinafter referred to as Singapore Convention on Mediation)is an international convention which was considered and adopted by the General Assembly of the United Nations in December 2018.Singapore Convention on Mediation aims to resolve the cross-border enforcement of international commercial settlement agreements reached through conciliation procedures.It prescribes the enforcement procedures of settlement agreements in international commercial disputes and clarifies the direct enforcement force of international commercial settlement agreements.This groundbreaking provision fills the gap in the implementation mechanism of international commercial settlement agreement,provides legal guarantee for the implementation of settlement agreement,and at the same time,promotes the harmonious development of commercial relations,and creating favorable conditions for the development of international trade.This paper mainly analyzes the contents of Singapore Convention on Mediation,a new treaty for the transnational execution of international commercial settlement agreements from four parts,and introduces some problems in China’s current mediation system and the implementation of settlement agreements against this background.To explore how China’s relevant systems can be changed to ensure the implementation of Singapore Convention on Mediation in China,and to maximize the institutional advantages of the Singapore Convention on Mediation in improving the efficiency of international commercial dispute resolution,saving the cost of international commercial dispute resolution and promoting the development of international commercial affairs.First of all,this paper introduces the background of the enforcement mechanism of the settlement agreement,and defines the connotation of international commercial settlement agreement in The Singapore Convention on Mediation,that is,the settlement agreement should be international,commercial and generated from an independent conciliation procedure.There is no doubt that the international commercial settlement agreement has the effect of direct transnational execution when it meets the conditions and procedural requirements of the Singapore Convention on Mediation.And based on the present situation in China’s domestic legislation and practice to face up to our country in the legislative level,mediation institutions and personnel aspects and international commercial settlement of the defects in the performance review process,as well as the deficiency of the Singapore Convention on Mediation in China after landing when applying for execution may bring.Finally aimed at these problems of China approved the preparing work before the Singapore Convention on Mediation include whether to retain and build good environment for the settlement agreement executed,and the convention in China after landing in practice constantly adjust improvements,including legislation level and executable program of continuous improvement.To construct a complete path for the implementation of China’s international commercial settlement agreement under the Singapore Convention on Mediation. |
