Study On Non-Consensual Consolidated Arbitration

The "introduction" gave a description on the background information of thetheme, after summarizing current study on this issue; it then stated its researchtarget.Chapter Ⅰ started by giving a brief introduction to the scope of multilateralcontractual conflicts and the dilemma that it has been facing with, followed bythe clarified definition of "consolidated arbitration". The article then continuedto analyse the meaning of "non-consensual", and made proper comparisons withother relevant concepts such as "the third party in arbitration" and "de factoconsolidated arbitration", etc. By doing such research, the article has found itslogical starting point of research.Chapter Ⅱ presented and analysed different research arguments both fromChinese scholars and foreign scholars on non-consensual consolidatedarbitration, including theories for such arbitration and those against it. Thearticle then briefly summarized this part.The Chapter Ⅲ chose empirical perspective to give a analytic summarize on practical experiences and existing institutions of non-consensual arbitrationat foreign counties. The article put special emphasis on case law from courts ofthe Unites States, Netherland and Hong kong, as well as existing rules orinstitutions by international arbitration courts such as ICCCA, and LMAA. Bydoing such comparing and summarizing, the article might be able to concludethe developing pattern of legislation and practice on this issue might bepreferred by those above-mentioned countries and international arbitration court,which could provide good reference for future research.Chapter Ⅳ’s research was based on China’s special condition on arbitration.The article firstly gave brief introduction to Chinese existing legislation andpractical experience on non-consensual consolidated arbitration, suggesting thatthere is blank space as well as actually need for legislations at the issue ofnon-consensual consolidated arbitration. Then, after thorough study ontraditional value of arbitration and its advantages, the article continued itsanalysis by bringing up the argument that non-consensual consolidatedarbitration theory is fit with traditional arbitration values orientation so much as it would be able to combine those advantages. Last but not the least, the articleexplored the possibility of designing the non-consensual arbitration in China.Those questions include: the qualified subject initiating the non-consensualconsolidated arbitration procedure, the law application, the specific conditionsthat render such application; plus other particular details such as form ofarbitration court, cost sharing, three procedural problems concerning recognitionand enforcement of arbitration ruling under New York Convention.Finally, this article summed up by pointing out the inspirationalenlightenment brought to legislators and participants of arbitration by thenon-consensual consolidated arbitration theory.