Research On Arbitration System Of American Group

In recent years, the mass media has exposed a large number of mass disturbances, such as the Sanlu milk powder event, products containing the magdala red, affected largely event of environmental pollution, false statement of securities and so on, which bring the "group litigation" into the sight of law research. However, due to the development and improvement of dispute resolution mechanism, no longer judicial action proceeding is the preferred choice to resolving disputes. Alternative dispute resolution has alleviated the litigation explosion situation, its advantages for convenience, confidentiality and low cost quickly favored by transnational commercial transactions parties.It is generally believed that the modern sense of international commercial arbitration sprang from the late nineteenth Century, after nearly one hundred years development, commercial arbitration has become into an entire institutionalized and legislated civil and commercial dispute resolution mechanism. Traditionally, the business transaction simply involved one piece of contract and just two parties. Nowadays, more and more complicated commercial transactions change the situation, there comes out multi-parties and multi-contracts in business, especially for the consumer contract and employer contract. Thus, if any disputes come out of a contract related multi-parties, it is feared that when parties intend to go in quest of the traditional litigation, they would consider the jurisdiction of each nations, as litigation originally is based on the nation’s public powder. Next in importance, even though they get court decision, it’s difficult to make the decision obtain recognition and enforcement in other countries.The concept of class arbitration system studied in this paper is based on the group action in USA, although the system has been rapid development in American, but in our country the research of class arbitration looks young, even blank. This paper will briefly introduce the theoretical results about class arbitration, instead of enplaning how the class arbitration carries on, the paper combine class arbitration and traditional arbitration theoretics,involving the explanation of arbitration contract, especially when the agreement didn’t contain explicit formulation as to class arbitration, how to rule whether it allowed the class arbitration proceeding. Secondly, the aim of dispute resolution mechanism not only concludes resolve the argument impartially, but also ensure the decision could be enforced effectively. Thus, we will think that the dispute has been resolved truly, so this paper focuses on the recognition and enforcement of rules of class arbitration. Unfortunately, this new form of arbitrate proceeding changes traditional character of bilateral arbitration in the slight degree, which become the obstacles at the stage of recognition and enforcement, this paper also analyze the reasons according to New York Convention.During the period of economic transition with lots of mass disturbances, such as food safety incidents which influence widely, and disputes of purchasing houses which involve a large scope of property buyers and high amount of subject. Generally speaking, this kind of mass dispute couldn’t be resolved timely and efficiently, most law-breakers agree to compromise because of great pressure comes from mass media, what’s more, some environmental tort cases just have been settled by leaving it unsettled. Consequently, we need a new, or a more efficient dispute resolution mechanism to solve this kind of mass disputes, whether the class arbitration is an excellent answer to this problem?Whether we consider transplanting the mechanism outside or establishing a new one inside, it’s important to do a research of the situation of our country. In fact, our country’s arbitration environment has not reached the ideal state, problems as arbitration institution with administrative nature, limited discretionary power to arbitrator, arbitration consciousness of people is weak and fall behind with USA. All of these differences mean that we can’t transplant the class arbitration blindly; moreover, this mechanism has been under attack in recent years. The paper draw a conclusion that the time of establishing class arbitration in our country is still not mature.