¹School of International Law, East China University of Political Science and Law, Shanghai; Pritzker School of Law, Northwestern University, Chicago, USA.

²School of International Law, East China University of Political Science and Law, Shanghai, China; Law School, Leiden University, Leiden, Netherlands.

^*Correspondence: Qifan Jiang, E-mail: jqflance2001@outlook.com

J. Int. Eco. Glo. Gov., 2025, 2(2), 65-83; https://doi.org/10.12414/jiegg.250452

Received : 05 Jan 2025 / Revised : 21 Feb 2025 / Accepted : 25 Feb 2025 / Published : 25 Mar 2025

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Abstract

The Singapore Mediation Convention is another milestone document in the development of international commercial dispute resolution mechanisms, providing a unified framework for the enforcement of cross-border settlement agreements. However, the convention's rules differ significantly from China's existing commercial mediation system in terms of the legal nature of settlement agreements and enforcement mechanisms. These differences may lead to challenges in judicial review and an increased risk of fraudulent mediation. This article proposes a transition from a "dual-track system" to a "unified system" as a progressive approach to aligning the convention with China's commercial mediation framework. Drawing on international experience and China's legal practice, the article examines key issues such as the legal effect of mediation agreements, reforms in enforcement procedures, and remedies for third parties. Specific recommendations include improving mediator guidelines, optimizing review mechanisms, and establishing a phased enforcement system. The study aims to provide a feasible plan for China's timely ratification and effective implementation of the convention, thereby promoting the development of international commercial mediation and enhancing the global competitiveness of China's commercial mediation system.

Keywords: Singapore Mediation Convention, Enforcement of Settlement Agreements; International Commercial Mediation, China's Commercial Mediation System

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Conflicts of Interest:

The authors declare that they have no conflicts of interest to report regarding the present study.

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Research on the Integration of the Singapore Mediation Convention with China's Commercial Mediation System