On August 7, 46 countries including China, the United States, India, South Korea and many ASEAN countries attended the meeting in Singapore and signed the "Singapore Mediation Convention" to effectively deal with international trade disputes and commercial disputes. Representatives of another 24 countries attended the signing ceremony and related meetings.

　　 It is understood that the Singapore Mediation Convention was approved by the United Nations General Assembly in December last year. The convention must be signed and approved by at least three countries to enter into force, and is only applicable to commercial settlement agreements. Signatories bound by the Singapore Mediation Convention must implement the mediation agreement reached under the relevant framework. Together with the international arbitration agreement "New York Convention" and "Hague Choice of Court Agreement Convention", the three conventions will form a complete framework for supporting international dispute resolution

　　“The Singapore Mediation Convention will surely promote the cross-border implementation of settlement agreements resulting from international mediation. It will become a milestone in international mediation and will also have an important impact on China. "Shen Yongdong, a lawyer at Tianyuan Law Firm, said.

　　 Han Yu International (Singapore) Law Firm Chen Meiling told reporters that the definition of “mediation” in the Singapore Mediation Convention is “no matter what title is used or the basis for the process, it refers to one or several A third party (mediator) assists in the process of amicably resolving disputes when they have no right to impose solutions on the parties to the dispute. "The Singapore Mediation Convention makes it clear that this Convention applies to agreements (reconciliation agreements) made in writing by the parties to resolve commercial disputes resulting from mediation.

　　 The Singapore Mediation Convention emphasizes that only international settlement agreements can be implemented in accordance with the Singapore Mediation Convention. Article 1 of the Singapore Mediation Convention stipulates: "When the settlement agreement is concluded, it is international due to the following reasons: at least two parties to the settlement agreement have places of business in different nationalities; or the parties to the settlement agreement have places of business The country is not the country where a significant part of the obligations stipulated in the settlement agreement is located or the country most closely related to the matters covered by the settlement agreement. "Chen Meiling said that the "Singapore Mediation Convention" does not have a concept similar to that of a place of arbitration. As long as an international settlement agreement reached through mediation, it can apply for enforcement in accordance with the "Singapore Mediation Convention." To judge whether an international settlement agreement is international, the judgment of the "place of business" is very important. Article 2 of the Singapore Mediation Convention establishes the criteria for judging "place of business": " where a party has more than one place of business, the relevant place of business is the place of business that is most closely related to the dispute resolved by the settlement agreement, and at the same time Taking into account the circumstances known or anticipated by the parties when the settlement agreement is concluded; if one party does not have a place of business, the place of habitual residence shall prevail.

　　 The signing of the Singapore Mediation Convention represents the professionalism of international arbitration and is increasingly influenced by international arbitration practice. Domestic arbitration practice urgently needs professional judges. Shen Yongdong pointed out that international settlement agreements are not similar to court judgments and arbitration awards. The judgment is the response to the litigation request of the parties, and the arbitration matters are also the response to the arbitration request of the parties. The settlement agreement is an agreement between the parties. It may be diversified and flexible. The content of the settlement may agree on various conditions or time limits. Compared with the New York Convention, the Singapore Mediation Convention provides more specific reasons for refusing to grant relief, and there is more room for interpretation. Therefore, in the process of implementing the international settlement agreement in China, a more professional review and enforcement team of judges is needed.

　　 At present, there are different mediation mechanisms in our country, and there is no systematic legal framework for civil and commercial mediation. Shen Yongdong believes that it is urgent for my country to formulate the "Civil and Commercial Mediation Law" and to improve various mediation mechanisms in my country.

　　" In the process of participating in the formulation of the "Singapore Mediation Convention," the Chinese government made comments and pointed out that there is currently no legal provision for direct enforcement of Chinese law regarding settlement agreements reached by the parties themselves in foreign countries. In response to the Chinese court's question of the non-confirmation of the validity of domestic commercial settlement agreements, Article 7 of the 2011 Supreme People's Court's "Several Provisions on the Judicial Confirmation Procedure of People's Mediation Agreements" was cited. This article stipulates that the people's court shall not confirm the validity of the mediation agreement in any of the following circumstances: violation of the mandatory provisions of laws and administrative regulations; infringement of international interests and social public interests; infringement of the lawful rights and interests of persons outside the case; harm of public order and good customs in society ; The content is unclear and cannot be confirmed; other circumstances where judicial confirmation cannot be carried out. The circumstances listed in this article are similar to the grounds for refusal to grant relief in Article 5 of the Singapore Mediation Convention. "Shen Yongdong stated that if the Singapore Mediation Convention takes effect in China, it may be necessary to formulate the Civil and Commercial Mediation Law similar to the Civil Procedure Law and the Arbitration Law, which specifically stipulates the implementation procedures for international settlement agreements, and clarifies the jurisdiction and Implementation measures and other content.