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解读|全球商事调解“黄金法则” ——《示范法》
Sou Hu Cai Jing· 2025-11-03 05:13
Core Insights - The rise of international commercial mediation as a preferred method for resolving international business disputes is highlighted, emphasizing the importance of learning from international best practices and policies in this field [1][3]. Group 1: Overview of the Model Law - The "Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation" (hereinafter referred to as "Model Law") is recognized as the "gold standard" for global commercial mediation, published by UNCITRAL in 2018 [3]. - The Model Law consists of three main parts: general provisions, international commercial mediation, and international settlement agreements, aiming for uniformity and coordination in regulation and protection [4][5]. Group 2: Key Innovations of the Model Law - The definition of "international" mediation is clarified, establishing criteria such as parties having business locations in different countries or the mediation location being different from the parties' business locations [5]. - The Model Law emphasizes party autonomy in the mediation process, allowing parties to freely agree on the mediation's conduct, including the selection of mediators and the rules governing the mediation [6]. - Confidentiality is a core advantage of mediation, with obligations to keep mediation-related information confidential unless otherwise agreed or required by law [9][10]. - The Model Law introduces a mechanism for the direct enforcement of international settlement agreements, allowing parties to apply for enforcement in the competent court of a country that has adopted the Model Law without needing to initiate a new lawsuit [11][12]. Group 3: Relationship with the Singapore Convention - The Model Law and the Singapore Convention complement each other, with the Model Law providing a framework for domestic legislation and the Convention establishing a direct international mechanism for the enforcement of settlement agreements [14]. Group 4: Implications and Impact - The Model Law serves as a modern legislative template for countries, aiding in the improvement of their Alternative Dispute Resolution (ADR) systems and enhancing the business environment to attract international investment [15]. - It offers businesses a more efficient and cost-effective dispute resolution tool, fostering better commercial relationships and promoting international trade and cooperation [15]. - The Model Law creates new professional opportunities for lawyers and mediators, raising the bar for professional competencies in international rules and techniques [15].