Author
Ms Mengyi Lu
Organisation/Institution
Unniversity of Macau
Country
MACAU (SAR OF CHINA)
Panel
International Arbitration and Dispute Resolution
Title
Judicial Coordination and Legal Harmonization for the Enforcement of Commercial Mediation Agreements in the Greater Bay Area
Abstract
The enforcement of cross-regional commercial mediation agreements among Hong Kong, Macao, and Guangdong province (in Mainland China) in the Greater Bay Area faces challenges due to disparities in development of dispute resolution mechanisms. This study systematically analyzes legal barriers and practical differences in cross-border enforcement, with particular focus on divergent legal frameworks for mediation agreements across courts, arbitration institutions, and mediation organizations. Findings indicate that current mechanisms requiring conversion of mediation agreements into court judgments or arbitral awards create systemic inefficiencies, procedural burdens, and confidentiality risks. To address these issues, a dual-track mechanism is proposed: (1) requiring commercial mediation agreements in the Greater Bay Area to be enforceable only when issued by selected professional mediation organizations, and (2) establishing harmonized judicial confirmation procedures through unified review criteria. By partially recognizing the res judicata effect of commercial mediation agreements, this framework enhances enforceability while preserving flexibility. The proposed model advances "the Greater Bay Area Standards" for commercial mediation, demonstrating practical value for refining interregional judicial cooperation under "One Country, Two Systems." It further provides China with localized insights to engage in global mediation rulemaking under the Singapore Convention, promoting integration of rule-of-law principles in transnational commerce.
Biography
Lu Mengyi, PhD from the University of Macau, specializes in international commercial law and dispute resolution. I studied international economic law at the Chinese University of Hong Kong as a postgraduate student, and later worked in Hylands Law Firm(Beijing) and Beijing DHH Law Firm, where she was involved in cross-border commercial disputes as a lawyer, and has experience in foreign-related litigation and arbitration.
