"The Legislative Adjustment of Chinese Enforcement Regulation of the International Commercial Settlement Agreement in the context of the Singapore mediation convention"
Hailiang Xiong (LLM Graduate 2024)
Journal of International Dispute Settlement, Volume 16, Issue 1, March 2025, idae025
Published online: January 2025
Abstract: The United Nations Convention on International Settlement Agreements Resulting from Mediation has established an external legal framework for the cross-border enforcement of international commercial mediation settlement agreements. By virtue of the two-aspect institutional design, this Convention has constructed a modern mechanism for the direct enforcement of international commercial mediated settlement agreements. As one of the first signatories, China does not yet have the specific mediation legislation to conform to the Convention and cannot channel the Singapore Convention. This article discussed the dilemma of the ratification of the Singapore Convention in China from a comparative perspective and argues that China should adjust its mediation regulation by reducing the requirement of application for enforcement and limiting the judicial supervision to establish a direct enforcement mechanism following the potential international obligation under the Singapore Convention and further refine the macro mediation system.
No comments:
Post a Comment