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 current inability to enforce commercial mediation agreements across Mainland China, Hong Kong, and Macao stems from the complexities and challenges of cross-regional enforcement under different legal systems. In the context of the Singapore Mediation Convention, optimizing the enforcement of domestic commercial mediation agreements is a prevailing trend. The Greater Bay Area, with its unique “one country, two systems, three jurisdictions” advantage, can serve as a pilot zone to explore the construction of enforcement mechanisms for both international and domestic commercial mediation agreements. This study analyzes the legal frameworks and practical differences in the enforcement of commercial mediation agreements across the three regions, explaining their dispute resolution nature. Based on the theoretical foundation of judicial coordination among the three regions, it compares the existing legal systems for mutual recognition and enforcement of judgments and arbitration awards between Mainland China, Hong Kong, and Macao, providing methodological and substantive references for the mutual enforcement of commercial mediation agreements. The goal is to promote a more efficient cross-border commercial dispute resolution mechanism, enhance inter-regional legal cooperation between Mainland China and Hong Kong and Macao, and support China in creating an international business environment.
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.
