Research On The Law Problems Of Consolidated Arbitration Of The Multi-Party Dispute

With the high-speed development of our country, arbitration has become one of the most important methods to settle civil and commerce disputes in present. Meanwhile, consolidated arbitration has become the focus in the arbitration law field. Researching on this issue is of theoretical and practical significances. On one hand, theoretically, the argument on it is keeping on and most of scholars could not reach an agreement on it. The scholars support to arbitral consolidation with regard to its advantages which are avoiding conflict award and making arbitration more efficient and economical, while the scholars oppose the consolidation of arbitration, especially compulsory consolidation, by reason of failure to comply with the autonomy of party's will and the confidentiality principle. Besides, the conflict with New York Arbitration Convention of 1958, which would make impossible for arbitration awards to be enforced, is another reason. On the other hand, there is indeed the urgent need to solve the disputes amongst multi-parties in practice. In this article, the author wants to further research on the issue of arbitral consolidation, and make some suggestion to Chinese legislator before the Arbitration Law being revised.The author discusses the problem of the consolidation of arbitration by means of comparison and demonstration. First of all, the author makes a reasonable concept for the consolidation of arbitration, and agrees to establish this institution including compulsory consolidation in strict conditions. Then, the author demonstrates that this institution accords with principle law and settles its concrete procedure problems. At last, she designed a whole process of consolidation based on the situation of my country. As a whole, this article has four chapters:The first chapter is generally about multi-party dispute and consolidated arbitration. The author emphasizes that the former should be judged in the procedure of arbitration and the later should be considered as consolidating the hearings of related cases. Moreover, the rationality of this institution is also involved. This is the basic of the article.The chapter two comparatively introduces some arbitration laws and arbitration rules about consolidation of different country or district. The regulations of British, American, Hongkong and Holland and the rules of ICC, LMAA and AAA are introduced, all of which could be provided to China as experience.The chapter three is the most important one, discussing how to solve new problems of consolidation according to traditional arbitration theory. Although the inconsistent opinion on consolidation mostly ascribed to breaking the principles of autonomy of party's will and confidentiality, the author considers that it would not conflict with any of these two principles. And in order to abide by the principle of confidentiality, the party who opposed to consolidate the arbitration could make use of a kind of right against another party only by reason that after consolidation their secret information will be revealed. Meanwhile, in this chapter the author further discusses composition of arbitral tribunal, recognition and enforcement of arbitration awards and decision on consolidation.Finally, the fourth chapter gives practical advice on the issue of consolidation of arbitration based on the real situation of our country. In China, there is a long way to go to completely establish this institution and that is a process of growing development. Generally, there are two choices for legislator, revising Arbitration Law firstly or regulating in the rules of arbitration organizations firstly. At present, the later is more suitable. Chinese arbitral consolidation institution is also seriously designed by the author in this chapter.