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On Consolidation Of Arbitration

Posted on:2012-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:L L GaoFull Text:PDF
GTID:2166330335957763Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The development of arbitration always accords with the development of commerce practice in real life, which is the feature of the arbitration itself. Arbitration is one of the most influential methods to settle civil and commerce disputes around the globe. With the eye-catching development of our economy, the traditional procedure of arbitration could not settle some sophisticated disputes properly, including the multi-parties disputes. Therefore, consolidation of arbitration has been brought into the sharp focus among the scholars and the practitioners in the field of arbitration.Researching on consolidation of arbitration is of theoretical and practical significance. Excluding the preface and the conclusion, this essay has five chapters on the whole. The first chapter expounds the connotation and the category of the consolidation of arbitration. And then the second chapter elaborates both the opportunities and the challenges brought by the consolidation of arbitration. On one hand, it not only would avoid the contradicting awards but also would make the whole process efficient and economical. On the other hand, it has the risk to break the basic rule, namely the autonomy of party's will and the confidentiality in arbitration. Besides, the conflict with the New York Arbitration Convention of 1958 might make the arbitration awards impossible to be enforced. From the comparative perspective, the third chapter introduces regulations related to the consolidated arbitration of arbitration laws and arbitration rules in several typical countries and districts, in an attempt to provide some useful references to China. The forth chapter presents the current situation of consolidation of arbitration in China, including the arbitration laws, rules as well as the arbitration practice in real life. And finally, the fifth chapter is the most innovative chapter in this essay, which puts forward lots of feasible suggestions of the establishment regarding the consolidation of arbitration in China in a systematic and reasonable way.While any anxiety about consolidation of arbitration is certainly understandable, as long as this mechanism is seriously established, the benefits offered by the consolidation of arbitration make it well worthwhile.
Keywords/Search Tags:consolidation of arbitration by consent, compulsory consolidation of arbitration, establishment on consolidation of arbitration mechanism
PDF Full Text Request
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