A Study On The Arbitration Arbitration In International Commercial Arbitration

With the rapid development of the economy, multi-party disputes occur frequently, has caused attention of many legislatures and arbitration institutions, but traditional separate arbitration approach in the face of this problem exist to overcome the drawbacks of the, it is based on this, the multi-party dispute debate emerged to solve the object of consolidated arbitration. However, there are many doubts about the merger of the arbitration system, that is, whether the combination of arbitration and arbitration is not the party autonomy principle and the principle of confidentiality. This has formed the contradiction between the practical demand and the theoretical controversy and the legislation lag, therefore, the research and the arbitration, has the important theory value and the practical significance.In addition to the introduction and conclusion, this paper is divided into four parts to carry on the research and elaboration.The first part mainly introduces the general theory of the merger arbitration, and the dispute settlement object of the merger is the multi parties dispute: Multi single contract disputes, disputes chain, umbrella dispute, triangular controversy, it is because of such a complex multi controversy consolidated arbitration arises at the historic moment. The author further introduces the widely accepted and adopted consolidated arbitration theories and consolidated arbitration in legislation and Practice; And then the two chapter,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; Chapter third enumerates several samples of some nations’ provisions, and rules of famous arbitration organizations;The forth chapter presents the current situation of consolidation of arbitration in China, then puts forward lots of feasible suggestions of the establishment regarding the consolidation of arbitration in China in a systematic and reasonable way. Including in the legislative level, the establishment of the merger and arbitration system, the application of the rules of the merger, the starting elements, the decision to merge the power of arbitration, the arbitrator’s designation and the final decision of the process design.