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Consolidated Arbitration Research

Posted on:2012-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2216330335985444Subject:International Law
Abstract/Summary:PDF Full Text Request
Consolidation of Arbitrations is enjoying a prevailing popularity both in theoretical and practical field, because of the constant increase of"Multi-party Disputes". In absence of specific contractual authorization, the traditional mechanism regulates the related arbitral procedures to be proceeded separately, which would be a violation of arbitration's economy. In dissatisfaction with the expense and inefficiency of"Separated Arbitration", lawmakers and arbitrators are stimulated to resolve this issue through a substitutive way, by ruling all related parties to participate a single consolidated proceeding. Consolidation of Arbitration is regarded as an ideal method to increase the efficiency, reduce the expense and eliminate the risk of contradicting awards.This dissertation compromises five chapters, providing detailed analysis on the issue of Consolidated Arbitration. Chapter One deals with the concept and development of the issue, by comparing the difference between various definitions; Chapter Two enumerates several samples of some nations'provisions, and rules of famous arbitration organizations; the third chapter regards the academic basis of the issue, standing at the point of parties'authorization and legal authorization; Chapter Four discusses the potential obstacles to Consolidation of Arbitrations, and focuses on the impediment from"New York Convention"; the last chapter proposes the establishment of Consolidation of Arbitrations in Mechanism in China.
Keywords/Search Tags:Consolidation of Arbitrations, Multi-party Disputes, the Principle of Party Autonomy, Legal Authorization, Consolidation by Consent, Compulsory Consolidation
PDF Full Text Request
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