Author
Dr Long Yifang 龙乙方
Organisation/Institution
Xiangtan University Law School
Country
CHINA
Panel
International Arbitration and Dispute Resolution
Title
A Study on the Enforceability of International settlement agreement in China under the Background of the United Nations Convention on International Settlement Agreements Resulting from Mediation
Abstract
International settlement agreement is the true agreement of the parties and the due process of international commercial mediation, which is the legal basis for the direct implementation of international settlement agreement. The United Nations Convention on international settlement agreements arising from conciliation meets the above-mentioned substantive and procedural requirements. Therefore, when China ratifies and accedes to the United Nations Convention on international settlement agreements arising from conciliation, international commercial conciliation agreements can be directly implemented in China. However, false mediation is difficult to prevent, the quality of mediators is not high, and the relevant standards are not unified, which directly affect the effectiveness of international settlement agreements. In the transitional stage before ratifying and acceding to the United Nations Convention on international conciliation agreements arising from conciliation, the judicial confirmation procedure for International Commercial Conciliation Agreements can focus on examining the authenticity and agreement of International Commercial Conciliation Agreements, the qualifications of international commercial mediators, the code of conduct and the legitimacy of conciliation procedures, so as to promote the legalization of International Commercial Conciliation and create conditions for the direct implementation of International Commercial Conciliation Agreements. After ratifying and acceding to the United Nations Convention on international conciliation agreements arising from conciliation, international commercial conciliation has executive power. When legal causes arise, the respondent and the outsider can apply for relief without executing the international commercial conciliation agreement. The non enforcement procedure is a simplified procedure, and the judge only conducts formal trial. When the high probability proof standard is reached, the judge can make a ruling not to enforce the international settlement agreement.
Biography
I am Yifang Long . I obtained my Ph.D. from the School of Law, Nanjing University, and currently, I am a postdoctoral researcher and researcher at the School of Law, Xiangtan University. My primary research areas focus on dispute resolution and commercial mediation. I participated in writing the "Annual Report on Commercial Mediation in China (2022-2023)." My article titled "Research on the Enforceability of International Settlement Agreement" received funding from the 2024 Ministerial Level Legal Research Project of the China Law Society.
