Keywords
Rationality
Ratification
Status quo of China’s commercial mediation
Submitted : 2021-07-31
Accepted : 2021-08-15
Published : 2021-08-30
Abstract
China has signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, namely the Singapore Convention on Mediation, on August 7, 2019, making it possible for China’s domestic courts to resolve international commercial disputes by implementing settlement agreements resulting from international commercial mediation. Relying on the Belt and Road Initiative (BRI), numerous commercial mediation organizations have successively established and integrated mediation into the international commercial dispute resolution mechanism in making effort for the internationalization of China’s commercial mediation system under the background of improving diversified dispute resolution mechanisms. Based on the status quo of commercial mediation in China, this article focuses on the connection and convergence between China’s practice and the principle of the Convention, as well as discusses the rationality for its ratification.
References
Singapore Convention on Mediation: Status. https://www.singaporeconvention.org/convention/status/
Yang Y, Ding JZ, Zhao L, 2017, Annual Observation of Commercial Mediation in China, Annual Observation of Commercial Dispute Resolution in China. China Legal Publishing House, (06): 37.
Zhu FH, Gu J, Guo YN 2020, Annual Observation of Commercial Mediation in China, Annual Observation of Commercial Dispute Resolution in China. China Legal Publishing House, (09): 38.
Menon S, 2015, “International Commercial Courts: Towards a Transnational System of Dispute Resolution”, Opening Lecture for the DIFC Courts Lecture Series. https://www.supremecourt.gov.sg/docs/default-source/default-document-library/media-room/opening-lecture---difc-lecture-series-2015.pdf
Góme KF, 2019, The Role of Mediation in International Commercial Disputes – Reflections on some Technological, Ethical, and Educational Challenges, Mediation in International Commercial and Investment Disputes. Oxford University Press, Oxford, (1): 5.
Kaufmann-Kohler G, 2004, “Enforcement of Awards – A Few Introductory Thoughts” [van den Berg AJ, Ed.], May, 2004: ICCA Congress Series No.12. New Horizons in International Commercial Arbitration and Beyond (The Hague: Kluwer Law International, 2004), Beijing.
Hwang MSC, Yeo CT, Recognition and Enforcement of Arbitration Awards, in The Asian Leading Arbitrators’ Guide to International Arbitration, 407-63.
Fei N, Jiang H, Liu J, 2019, Annual Observation of Commercial Mediation in China, Annual Observation of Commercial Dispute Resolution in China. China Legal Publishing House, (07): 29.
Chen J, 2020, The Construction of China’s International Reconciliation Agreement Granting Relief System-Regarding the signing of Singapore Mediation Convention as a Chance. Journal of Southeast University Philosophy and Social Science, (2): 94.
Tang X, 2021, Challenge and Response for China Granting Singapore Mediation Convention, Commercial Arbitration and Mediation. China Academic Journal Electronic Magazine, (1): 48.