싱가포르협약의 승인을 위한 중국 조정관련 규범의 개정방향에 관한 연구

• 영문명: A Study on the Direction of Amendments to China's Mediation-related Regulations for the Ratification of the Singapore Convention
• 발행기관: 한국중재학회
• 저자명: 이경화(Jing hua Li)
• 간행물 정보: 『중재연구』제35권 제2호, 93~114쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2025.06.01

국문 초록

The changing perception of mediation in the international community, the enactment of the Singapore Convention by UNCITRAL, the enactment of the Uniform Mediation Act in the United States, and China’s mediation-friendly environment all indicate a trend in which mediation is increasingly replacing arbitration as a method of resolving international commercial disputes. Nevertheless, most countries, including South Korea and China, still lack a unified legal framework for mediation, and no legal infrastructure has been established to grant enforceability to settlement agreements resulting from mediation. This presents an obstacle to resolving international commercial disputes. As seen in Chapter 3, China not only has legal provisions that mandate “mediation first,” but also numerous regulations, opinions, and decisions. While this demonstrates that China provides a favorable environment for mediation, it also reveals that the norms related to mediation are scattered and unorganized, making it difficult for practitioners to understand and utilize mediation effectively. In order to ratify the Singapore Convention, China needs to first establish a single mediation law to consolidate the dispersed regulations, and must establish a single, definitive enforcement procedure that grants enforceability to settlement agreements from international commercial mediation. Regarding ad hoc mediation, China must also consider whether to apply different standards for domestic and international mediation, or whether to allow ad hoc mediation for disputes with international elements even within the domestic context. Regarding the qualifications of mediators, if China is to ratify the Singapore Convention, the qualifications of mediators should not be included as grounds for refusal of enforcement.

목차

Ⅰ. 서론

Ⅱ. 싱가포르협약의 개관

Ⅲ. 중국의 조정관련 규범

Ⅳ. 협약과의 충돌문제 및 해결방안

V. 결론

참고문헌

키워드

국제상사조정 싱가포르협약 중국조정 ADR international commercial mediation Singapore Convention mediation in China