Research On Consolidated Arbitration

With the rapid development of the economy and trade in the 20th century, arbitration has become the dispute-resolution mechnism with complete system and great function. Arbitration clauses are found in an increasing number of international commercial contracts, so that the parties may submit the dispute to the arbitraiton tribunal when the dispute arises. However, the trade has become more complicated, more than two parties involoved in one dispute, especially in fields like vessel-leasing, construction and insurance. No matter horizontal contractual relationship or vertical contractual relationship, the legal issues like sub-contracting and re-insurance have caused more than two parties involved in one dispute or related disputes. In this case, the traditional arbitration which happened between two parties who signed the arbitration agreement can not slove the disputes in one proceeding. Under such background, consolidated arbitration arises and develops gradually. In this essay, the author takes the measure of combining the theory and cases, doing researches on related legislation and judicial precedent of consolidated arbitraiton in other countries. I try to make some suggestions to the development of consolidated arbitration in our country.This thesis comprises five chapters. An introduction of each chapters will be made in a simple way.Chapter 1 is an introduction of the basic theory of consolidated arbitration. New situation brings some obstacles to the development of arbitration. Traditional theory and mechnism has some problems in dealing with disputes arising out of the multi-party trade. And the consolidated arbitration is one of the effective way to solve it. By whether the parties has made an agreement on consolidation, consolidated arbitration can be divided into compulsory consolidation and consolidation by consent.Chapter 2 focuses on some states' legislation and arbitration rules of arbitration institution which support consolidated arbitration. From this part, we can get the experience of how some countries and arbitration institution treat consolidated arbitration and proceedings related.Chapter 3 states the necessity of the existence of consolidated arbitration. In not only efficiency but justice, consolidated arbitration is in compliance with the value goals of arbitration. Efficiency is the first requirement of arbitration, and justice is the basic value goal of arbitration. The mechanism of consolidated arbitration avoids long time and high cost in dispute resolution, and the risk of failing in different arbitration tribunal.Chapter 4 analyzes the main obstables met by consolidated arbitration in theory and practice. Scholars consider that consolidated arbitration obeys parties autonomy of the parties, and consolidation of several proceedings will led to the result that each proceeding will be participated by a third party, and which will also caused the risk of unable to be recognized and implement. The author will break through all these obstacles.Chapter 5 concerns the conditions of consolidated arbitration in our country and the solutions. Although some of the arbitration rules has stipulated consolidated arbitration, but mostly about consolidation by consent. The author believes that compulsory consolidation shall also be supported and makes some suggestions based on doing research on the experiences of other states. The author hopes that in order to adapt the rapid development of economy and trade and to solve multi-party dispute, consolidated arbitration shall be supported greatly, which also complies with the objective trend.