Countries along the "Belt and Road" route have different national conditions, and the use of traditional dispute resolution methods to resolve international commercial disputes faces difficulties in terms of jurisdiction and application of law. The mediation system has unique cultural advantages and is an efficient and convenient way of dispute resolution. However, the enforceability of settlement agreements reached through mediation is uncertain. In China, the settlement agreement formed through the mediation procedure of commercial mediation institutions does not have the power of enforcement, and its enforcement mainly relies on litigation or arbitration procedures, which is not conducive to the development and improvement of the mediation system. China needs to formulate a unified "commercial mediation law" to give clear legal protection to the validity of settlement agreements made by commercial mediation institutions, including private mediation organizations. At the same time, it is necessary to strictly implement the credit disciplinary system, organically integrate the commercial mediation system with the credit disciplinary system, and promote joint disciplinary action by all parties concerned against executors who have failed to comply with the law.

Lin Jianqun. Construction of the International Commercial Mediation Mechanism under BRI. Academic Journal of Humanities & Social Sciences (2023) Vol. 6, Issue 22: 78-83. https://doi.org/10.25236/AJHSS.2023.062214.

[1] Chan, Peter. “China’s Grand Mediation Strategy for Social Stability: A Study on Out-of-Court Mediation Procedures”[J]. Revista de Processo Com-parado, 2017, 6(3): 81–111

[2] Dress, Tobi. "International Commercial Mediation and Conciliation", in Loyola of Los Angeles [J]. International and Comparative Law Review, 1988, 10(3):569–582

[3] Liu, Huichun. “Evolution of Arbitration System Under the China FTZ Template”[J]. World Scientific, 2018, 1(3):1–26

[4] Liu, Huichun. “Analysis of Indian Conciliation System” [J]. Legal Systemand Society, 2019, 1(1): 20–21

[5] Shi, Jingxia and Dong, Nuan. "The Construction of Investor-State Dispute Settlement Mechanism under 'The Belt and Road' Initiative"[J]. Wuhan University International Law Review, 2018, 3: 1–24

[6] Vukovi. “International Mediation as a Distinct Form of Conflict Management” [J]. International Journal of Conflict Management, 2014, 25(1): 61–80. 

[7] Wang, Guiguo. "On the Dispute Resolution Mechanism of the Belt and Road"[J]. Chinese Law Science (Digest), 2017, 6(1): 56–71

[8] Wang, Qian and Gao, Jinhan. "An Exploratory Study of the Establishment of Dispute Settlement Mechanisms for RCEP [J]. Legal Systemand Society, 2018, 2(1):134–152