Research On The Enforceability Of International Commercial Settlement Agreements

With the increasing prosperity of transnational business exchanges,the parties no longer blindly pursue the absolute interests of individual cases,but choose to take a long-term view and pursue comprehensive interests-long-term and stable trading partnerships are the answer to "win-win".Under such a concept,diversified dispute resolution methods including mediation have gradually attracted the attention of various countries and the international community in the field of international business.Mediation has irreplaceable value in resolving disputes.There is no so-called "winning" party in mediation,which saves judicial resources and the time and economic costs of the parties,and can properly resolve commercial disputes without direct tit-for-tat between the parties.This also helps for the development of harmonious international business relations.However,in practice over the years,settlement agreements resulting from international commercial mediation are generally considered not to be enforceable,and even if they can be enforced,their enforcement mechanisms vary from country to country,which makes it difficult for the parties to seek to enforce settlement agreements in relevant countries This also limits the status of mediation in the field of international commercial affairs.The "Singapore Convention" imitated the "New York Convention" in terms of treaty design,and its introduction provided a way out for the implementation of international commercial settlement agreements.The effectiveness of the settlement agreement is mainly regarded as the validity of the contract,and the execution of the contract is based on the principle of estoppel.Under the background of the "Singapore Convention",the implementation of the international commercial settlement agreement in the contracting states also conforms to the principle of peaceful settlement of international disputes,The principle of good faith fulfillment of obligations under international law and the principle of pacta sunt sunt servanda.At present,the implementation of commercial settlement agreements in my country is mainly through the parties applying for notarization or payment order,the two parties jointly applying for judicial confirmation,and converting the agreement reached in the arbitration procedure into an arbitration award.Considering the existing domestic mediation system in my country,this article It is believed that when signing the "Singapore Convention",it is possible to refer to Singapore’s legislative experience in the short term,adopt a combined system of international commercial mediation and domestic mediation,separate the implementation of international commercial settlement agreements from domestic mediation,and establish a separate system to implement my country’s accession to the "Singapore Convention" "’s international obligations.In addition,the code of conduct for mediators should be based on the current situation of the development of my country’s mediation system,with the direction of cultivating the professional competence of mediators.At present,there is no rush to set uniform industry standards for qualification assessment.This article mainly includes four chapters:The first chapter mainly expounds the international commercial mediation system and the settlement agreement produced by mediation,including the development background of international commercial mediation and the ideal function of mediation.In addition to the "Model Law on International Commercial Mediation",the relevant legislative practice also includes the rules of the International Center for Dispute Resolution and the legislative practice of the European Union.The "Model Law on International Commercial Mediation" stipulates the implementation of settlement agreements,but it has the nature of soft law and can only be used as a model for countries to formulate commercial mediation laws without legal force.The meaning of "settlement agreement" is an agreement resulting from international commercial mediation,which is more in line with the original meaning of the "Singapore Convention".Generally speaking,the settlement agreement has the effect of a contract and is essentially a commercial arrangement between the parties.In addition,there was no multilateral arrangement on the implementation of the settlement agreement in the world,which resulted in the parties obtaining relief based on the settlement agreement reached through mediation.The second chapter elaborates on the applicable requirements and implementation conditions of the "Singapore Convention".Only when a settlement agreement meets the four requirements of "originating from a mediation process","mediation for the purpose of resolving commercial disputes","concluding in writing" and "the settlement agreement is international" can it become an applicable object under the Singapore Convention.Article 5 of the "Singapore Convention" also exhaustively enumerates the defense grounds that the competent authority can refuse relief,including the circumstances of application by the parties and examination by ex officio.The third chapter expounds the theoretical basis of implementing the settlement agreement and the legislative practice of some countries.The current enforcement modes are mainly divided into two categories,one is to execute directly or as a contract according to the effectiveness of the settlement agreement itself;the other is to transform the settlement agreement into another document and execute it with the help of the new document..The fourth chapter returns to the status quo of our country’s current enforcement system of reconciliation agreements,analyzes several ways of implementing reconciliation agreements in our country,and offers suggestions on how to improve our country’s future mediation enforcement system.This article hopes to explore the path to solve the pain point of the lack of enforcement of the settlement agreement by studying the international commercial mediation system and the enforceability of the settlement agreement arising from the mediation,and expand the influence of mediation in the field of international commercial dispute resolution.my country has signed the "Singapore Convention",but my country’s current international commercial mediation development is lacking,and the existing enforcement model may affect the performance of the "Singapore Convention".Therefore,it is necessary to summarize and sort out my country’s settlement agreement enforcement system,and seek to improve the enforcement system with a view to a smooth docking with the Singapore Convention.