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Seminar to Commemorate the Entry into Force of the Singapore Convention

Source:China Maritime Arbitration Commission Time:2020-09-12 14:14:36

On September 12, 2020, the "United Nations Convention on International Settlement Agreements Resulting from Mediation" (the "Singapore Convention on Mediation") entered into force. On the same day, the China Maritime Arbitration Commission (CMAC), the China Academy of Arbitration Law, CCOIC Mediation Center and Institute of International Law of Chinese Academy of Social Sciences co-sponsored "China Foreign-related Mediation Development Seminar after the Entry into Force of the Singapore Convention" in Beijing. Speakers include Mr. Lu Pengqi, Vice President of China Council for the Promotion of International Trade and Vice Chairman of CMAC, Ms. Anna Joubin-BretSecretary of the United Nations Commission on International Trade Law, and Mr. Chen Fuli, Member of the Standing Committee of the National People's Congress and member of the Foreign Affairs Committee of the National People's Congress. More than a thousand experts and scholars within the industry attended the Seminar on line.


Mr. Lu Pengqi said in his speech that in recent years, mediation in China and the world has shown a strong momentum of development. The Singapore Convention opened a new chapter to promote the rapid development of mediation, supplemented the current international mediation legal framework, and provided legal protection for cross-border enforcement of international settlement agreements resulting from mediation reached by the parties, which will further stimulate the parties to choose mediation to resolve cross-border commercial disputes, which has played a huge role in promoting the development of mediation.


Ms. Anna Joubin-Bret stated in her speech that the entry into force of the Singapore Convention is a solid step we take on the right path. Dispute resolution tools are needed for the recovery of the international trade from the pandemic, and mediation can be said to be the best choice. Under the simple and unified implementation framework of the Singapore Convention, mediation can resolve disputes while restoring commercial relations, saving much time and cost.


Mr. Chen Fuli stated in his speech that the implementation of the Singapore Convention in China should be coordinated with the construction of China’s commercial mediation system. At present, there is no separate commercial mediation legislation. In planning a commercial mediation legislation, it is necessary to combine Chinese characteristics and to fully consider the possible impacts of the ratification of the Convention.


The keynote speech session was presided over by Ms. Cai Chenfeng, Vice Chairman of the CCOIC Mediation Center. The first two rounds of the discussion were hosted by Dr. Chen Jian, the Deputy Secretary-General of the China Academy of Arbitration Law, and Ms. Mao Xiaofei, associate researcher of the Institute of International Law of Chinese Academy of Social Sciences.


In the first round of discussion, Ms. Liu Xiaohong, President of Shanghai University of Political Science and Law, Ms. Zhang Lixia, Director of the Arbitration and Mediation Committee of All China Lawyers Association, Ms. Huang Yiwen, International Business Director of Singapore International Mediation Center, and Wu Yucheng, representative of Singapore International Arbitration Center delivered speeches concerning the cross-border implementation of settlement agreements, lawyers’ participation, development and enlightenment of overseas mediation system and other issues. In the second round of discussion, Mr. Guo Yimin, Vice Chairman of Asian Diversified Dispute Resolution Research Institute, Mr. Wang Shuangxing, Minister of Legal Department of China National Chemical Engineering Corporation, Mr. Liu Jingdong, Director of International Economic Law Research Office of Institute of International Law of Chinese Academy of Social Sciences, Mr. Fan Mingchao, Representative of International Chamber of Commerce in China had in-depth exchanges on issues such as the development of mediation mechanism, mediation in international engineering dispute resolution, Chinese laws’ connection with the Singapore Convention, and the strategy to improve the influence of China’s commercial mediation.


Dr. Li Hu, Vice Chairman of CMAC concluded the Seminar with a speech. He said that the Singapore Convention empowers mediation by providing international settlement agreements with enforceability. It is significant in making mediation an independent dispute resolution method that can go hand-in-hand with arbitration and litigation. We should prepare for the Singapore Convention’s ratification and its entry into force in China, strictly fulfill the obligations, try our best in enforcing international settlement agreements in China. In the meantime, we should improve the domestic mediation legislation, uniformly regulate commercial mediation, and cooperate with the enforcement of foreign-related settlement agreements abroad. Since there is no mediation legislation and relevant judicial interpretations in China, as the Convention enters into force in China, domestic settlement agreements still need to be converted into court rulings or arbitral awards after hearing, while foreign-related settlement agreements can be enforced overseas in accordance with the Convention. The “dual-track system” of enforcing the domestic and foreign-related settlement agreements will exist in the short term. China’s commercial mediation institutions (ones that specialize in commercial mediation services such as CCOIC Mediation Center and others that provide both arbitration and mediation services such as CMAC) can regulate mediation by formulating mediation rules, forming panels of mediators and reviewing the qualifications, improving mediators’ professional ethics and behavioral standards by formulating code of conducts. Therefore, we could gradually improve the credibility of China's commercial mediation, and increase the enforceability of foreign-related settlement agreements.


Since 2006, CMAC starts to provide mediation services independent of arbitration services. The settlement agreement reached through mediation can be converted into an arbitral award and therefore can be recognized and enforced at home and abroad. There is seamless connection of arbitration and mediation services within the institution. As the Singapore Convention enters into force in China, foreign-related settlement agreements reached through mediation are enforceable overseas.


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