Research On Multi-party Arbitration

Multi-party arbitration is a newly occurred problem in international commercial arbitration. The attitudes towards multi-party arbitration vary significantly among different countries. Some novel arbitration proceedings are employed to resolve multi-party arbitration, such as consolidation of proceedings and so on. However, the reasonability of these novel arbitration proceedings is still arguable and articles discussing certain arbitration proceedings always occur. Multi-party arbitration and the corresponding provisions are discussed by logical analysis and comparison of practical cases in this article. The author attempts to systematically discuss the current progress of Multi-party arbitration and the legal problems that may be derived, avoiding the limitation of discussing within a single type of Multi-party arbitration proceeding and their reasonability such as consolidation of proceedings and third party intervening. In addition, some solutions to the problems are suggested in this article on the basis of current practice.The article contains 4 chapters.Chapter one serves as a theory basis, defining the concept, characteristics and species of multi-party arbitration. On the basis of other scholars' study, the author propose a new system of classification by correlating the multi-party dispute types with the proceeding types of multi-party arbitration, aiming at describing multi-party arbitration more clearly and systematically.Chapter two is a study on the international practice of multi-party arbitration, including the provisions and cases of some major countries, and Rules of some famous arbitration organization.Chapter three clarifies some arguable problems, mainly the choice of applicable law in multi-party arbitration and the potential obstacles in theory for the novel arbitration proceeding types.Chapter four is the conclusion. Multi-party arbitration is an inevitable problem in international commercial arbitration. It is unrealistic to simply unify the international practice according to only the traditional or innovative notions. On the premise ofrespecting the diversity of the current legal environment, making appropriate arrangement in ahead represents an effective way to resolve multi-party arbitration problems. In this article an example for provision of Arbitration Agreement is proposed and some regulations on arbitration organization Rules and country Arbitration Acts are suggested.