《新加坡调解公约》背景下我国商事调解制度的衔接

Articulation of Our Commercial Mediation System in the Context of the Singapore Convention on Mediation

摘要: 商事调解以非对抗性，自愿性强，快捷性的优势获得国际商事主体在解决商事纠纷的肯定与倾向，为商事和解协议的执行提供保障，《新加坡商事调解公约》通过生效，我国为公约的制定也贡献不可忽视的力量，同时也成为了第一批签署该公约的国家，而国内的商事调解制度与国际形势不匹配的问题明显，势必会影响未来我国商事调解协议的承认与执行和未来的商事调解领域的发展，目前我国对外国的和解协议在我国的申请承认与执行是否准备充分，本文结合《新加坡商事调解公约》主要规定，指出了我国目前存在的制度缺陷与相关问题，我国应尽快推进和完善商事调解制度与体系建设，既有利于我国商事调解制度接轨于国际，有促进营造良好的营商环境，有助于“一带一路”建设下的国际商事纠纷的解决。

Abstract: Commercial mediation to non-confrontational, voluntary, fast advantages of international commercial subjects in the settlement of commercial disputes in the affirmation and tendency, to provide protection for the implementation of commercial settlement agreements, the Singapore Convention on Commercial Mediation through the entry into force of our country for the development of the Convention also contributes to the strength of the non-negligible, but also became the first batch of countries to sign the Convention, and the domestic commercial mediation system and the international situation does not Match the problem is obvious, will inevitably affect the future recognition and implementation of China’s commercial mediation agreement and the future development of the field of commercial mediation, at present, China’s application for recognition and implementation of foreign settlement agreements in our country is well-prepared, this paper combines the “Singapore Convention on Commercial Mediation,” the main provisions of the system deficiencies in our country at present and the related problems, China should promote and improve the commercial mediation system as soon as possible and the construction of the system, not only for the benefit of China’s commercial mediation system, but also for the benefit of the international situation. China should promote and improve the commercial mediation system as soon as possible, which is conducive to the internationalization of China’s commercial mediation system and the creation of a favorable business environment, and the settlement of international commercial disputes under the construction of “One Belt, One Road”.