Study on the Improvement of China's Commercial Mediation System in the Context of the Singapore Convention on Mediation

Authors

  • Xiaochen Zhao Collage of Political Science and Law, Qilu University of Technology Author

DOI:

https://doi.org/10.70267/vtb7jr71

Keywords:

"Singapore Convention on Mediation", international commercial mediation, settlement agreement

Abstract

China has established a diversified dispute resolution mechanism for the settlement of commercial disputes in trade transactions with The birth of the Singapore Convention on Conciliation (hereinafter referred to as "the Convention") is a milestone in the field of international commercial dispute settlement, which is integrated with China's development philosophy of win-win situation. The birth of the Singapore Convention on Conciliation (hereinafter referred to as "the Convention") is a milestone in the field of international commercial dispute settlement, which is integrated with China's development philosophy of win-win cooperation. The Convention strengthens the enforce ability of settlement agreements and brings cross-border enforcement of commercial mediation to a new stage of development. The Convention strengthens the enforce ability of settlement agreements and brings cross-border enforcement of commercial mediation to a new stage of development. From Confucianism, which upholds the concept of "no litigation", to the current innovation of the people's mediation system, China has always attached importance to the harmony of the international community. From Confucianism, which upholds the concept of "no litigation", to the current innovation of the people's mediation system, China has always attached importance to the harmony and stability of social relations at the legal level, and has continuously optimized the dispute However, the convergence between China and the rest of the world has been a major factor in the development of the mediation system, as well as in the current innovation of the people's mediation system. However, the convergence between China's commercial mediation system and the Convention has revealed the existence of legal gaps in the commercial mediation system, uneven professional quality of the mediation system, and the lack of a legal framework for the mediation of disputes. However, the convergence between China's commercial mediation system and the Convention has revealed the existence of legal gaps in the commercial mediation system, uneven professional quality of mediators, and obstacles to the cross-border implementation of settlement agreements. suggested that by improving legislation, formulating the qualification standards for mediators, and cracking down on the degree of false mediation and other corresponding methods, the two should be made more effective. It is suggested that by improving legislation, formulating the qualification standards for mediators, and cracking down on the degree of false mediation and other corresponding methods, the two should be well converged, landed, and compatible, so as to improve the legislation on commercial mediation and the The two should be well converged, landed, and compatible, so as to improve the legislation on commercial mediation and the judicial system in China, and provide more efficient, flexible, convenient, and effective ways of settlement for the vast number of commercial subjects It will improve China's commercial mediation legislation and judicial system, provide a more efficient, flexible, convenient and cost-effective way It will improve China's commercial mediation legislation and judicial system, provide a more efficient, flexible, convenient and cost-effective way of dispute resolution for the majority of commercial subjects, respect the autonomy of commercial subjects, reduce the cost of resolving transnational commercial disputes, maintain a harmonious relationship between commercial subjects, and bring it in line with international standards to create a more favourable, open and rule-of-law system. more favourable, open and rule-of-law business environment.

References

Chen, Ya Zheng. (2023). Fraudulent mediation in international commercial mediation and China's response: The Singapore Convention on Mediation as a perspective. Commercial Arbitration and Mediation (01), 93-110.

Chen, Yongjun & Zhao, Yong. (2023). The Singapore Convention on Mediation and the Construction of Commercial Mediation Mechanism in the “Belt and Road”. Journal of Fujian Jiangxia College (01), 38-46.

CHENG Yongyue. (2022). Promoting the construction of China's international commercial mediation agreement enforcement system under the perspective of foreign-related rule of law construction--Taking the ratification and implementation of Singapore Mediation Convention in China as a perspective. (eds.) Shanghai Law Research Collection 2022, Volume 19 - Anthology of Beijing, Tianjin, Shanghai and Chongqing Rule of Law Forum (pp. 177-186). Shanghai First Intermediate People's Court;.

Fei, Xiuyan. (2022). The legal nature of international commercial mediation and its institutional construction. Jianghan Forum (11), 123-129.

Feng Zihan. (2022). Conflict and response between the Singapore Convention on Mediation and the Chinese legal system. Hunan Law Review (02), 103-117. doi:10.20034/j.cnki.hxfxpl.2022.02.009.

Feng, Dongdong. (2023). Improvement of the enforcement mechanism of China's international commercial mediation agreements in the context of the Singapore Convention on Mediation. International law research (02), 143-160.

Hsu, C.. H. (2023). Problems and Countermeasures of China's Ratification of the Singapore Convention on Mediation. China law review (02), 204-217.

Hu, Junhui & Wang, Yu. (2022). Conceptualization of China's commercial mediation legislation in the context of the Singapore Convention. Xiangjiang Youth Law (00), 65-82.

Li, G.Q. & Zhang, X.. (2023). Prospective Construction of a Mechanism for Enforcement of International Commercial Mediation Agreements: Against the Backdrop of the Internationalization of the “Fengqiao Experience” in the New Era. (eds.) Frontiers of Law, Volume 2, 2023 - Rule of Law Guarantees for Regional Integration in Yangtze River Delta (pp. 57-67). Shanghai Minhang District People's Court; Zhuanqiao Court of Shanghai Minhang District People's Court. http://doi:10.26914/c.cnkihy.2023.057315.

Liu, Qinyu. (2022). Qualifications of commercial mediators in China after the signing of the Singapore Convention on Mediation. Commercial Arbitration and Mediation (03), 113-131.

Liu, Y.. (2022). Research on the enforcement of China's international commercial settlement agreement under the Singapore Mediation Convention (Master's thesis, Zhengzhou University). Master https://link.cnki.net/doi/10.27466/d.cnki.gzzdu.2022.001092doi:10.27466/d.cnki.gzzdu.2022.001092.

Lv Qin. (2020). Study on the Singapore Convention on Mediation (Master's thesis, Yunnan University of Finance and Economics). Master https://link.cnki.net/doi/10.27455/d.cnki.gycmc.2020.000202doi:10.27455/d.cnki.gycmc.2020.000202.

Ni Yangzhi. (2019). Enforcement of International Commercial Settlement Agreements under the United Nations Singapore Convention on Mediation (Master's thesis, Wuhan University). Master https://link.cnki.net/doi/10.27379/d.cnki.gwhdu.2019.000211doi:10.27379/d.cnki.gwhdu.2019.000211.

Research Group on “China's Commercial Mediation Legislation”, Institute of International Law, Chinese Academy of Social Sciences & Liu Jingdong. (2023). On the necessity, legislative path and legislative framework of commercial mediation legislation in China. People's Mediation (01), 31-35. http://doi:10.19380/j.cnki.cn11-2790/d.2023.01.003.

Shen Shen. (2024). Study on the Path of Institutionalization and Internationalization of Commercial Mediation in Singapore - Against the Background of the Implementation of the Singapore Convention. International Business Studies (02), 65-76. doi:10.13680/j.cnki.ibr.20240229.002.

Tanzi Attila M & Mason Paul Eric.(2021).The Potential of the Singapore Convention on Mediation for Art and Cultural Property Disputes.Journal of International Dispute Settlement(4),669-692.

Wang Guohua & Changyan Shi. (2023). The conflict between the Singapore Convention and China's international commercial mediation mechanism and the way to solve the problem. China Maritime Law Research (02), 37-48.

Wang Qixuan. (2021). Improvement of China's commercial mediation system under the Singapore Convention on Mediation (Master's thesis, Shenyang Normal University). Master's degree. https://link.cnki.net/doi/10.27328/d.cnki.gshsc.2021.001093doi:10.27328/d.cnki.gshsc.2021.001093.

Wu, Ching Ching. (2023). Study on the Improvement of China's Commercial Mediation System under the Perspective of the Singapore Convention on Mediation (Master's thesis, Guangxi Normal University). Master's degree. https://link.cnki.net/doi/10.27036/d.cnki.ggxsu.2023.001212doi:10.27036/d.cnki.ggxsu.2023.001212.

YatianYin.(2021).Singapore Convention on Mediation and Its Ratification in China.Proceedings of Business and Economic Studies(4),55-59. http://doi:10.26689/PBES.V4I4.2386.

Zhang Sheng. (2023). The Singapore Convention on Mediation and commercial mediation in China: the construction of a complete system.China Legal Science(01), 82-109.

Zhang, Bing. (2021). Exploration of the path of enforcement of international commercial settlement agreements by Chinese courts in the context of the Singapore Convention on Mediation. Commercial Arbitration and Mediation (05), 25-39.

Zhang, F.. (2021). On the improvement of China's commercial mediation system in the context of the Singapore Convention (Master's thesis, Northwestern University). Master https://link.cnki.net/doi/10.27405/d.cnki.gxbdu.2021.002110doi:10.27405/d.cnki.gxbdu.2021.002110.

Zhao Xiuwen. (2020). Research on enforcement mechanism of international commercial settlement agreement in China. Commercial Arbitration and Mediation (02), 53-68.

Zhao, Yiyu. (2023). The systematization of the legislative grounds for commercial mediation in China. China Maritime Law Research (02), 49-59.

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Published

2024-09-01

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Section

Research Articles

How to Cite

Zhao, X. (2024). Study on the Improvement of China’s Commercial Mediation System in the Context of the Singapore Convention on Mediation. International Journal of Asian Social Science Research , 1(3), 36-49. https://doi.org/10.70267/vtb7jr71