On The Multi-party Disputes Consolidated Arbitration Problems

Compared with traditional arbitration mode, multi -party arbitration is a newly emerged situation in commercial arbitration practice. Consolidated arbitration is one of the resolutions of multi-party disputes and it is the process of combining two or more than two related but independent cases in a single arbitration procedure. Some countries or international arbitration associations have specific legislation or arbitration rules regarding consolidated arbitration, while China is lack of such rules. Certain revision shall be made with reference to other countries'experience. Also, China's main arbitration associations should supplement their model arbitration clauses so as to give guidance to the parties.The First Part, multi-party disputes and consolidated arbitration. Consolidated arbitration is one of the resolutions of multi-party disputes. On one hand, it can improve efficiency of the process and avoid contradicted awards. On the other hand, it may be against party-autonomy and confidentiality. Thus, opinions split on whether be up or against consolidated arbitration;The Second Part, detailed process of consolidated arbitration. Any party can claim consolidation of the multi-party disputes and arbitral tribunal should make the decision. Also, consolidated arbitration should be agreed among the parties. After the decision of consolidation, a new arbitral tribunal should be chosen;The Third Part, China's current status on consolidated arbitration and the author's suggestions for China's future practice. China now adopts a relatively conservative attitude toward consolidated arbitration and there is no specific legislation on this topic, thus China needs to supplement its arbitration law as well as arbitration rules;The Fourth Part, conclusion. Based on China's status quo, consolidated arbitration agreed by parties is feasible in China, it can be realized through arbitration agreement or model consolidated arbitration clause.