Study Of The Consolidated Arbitration

With the complication of business transactions, disputes between the parties became more complicated. Arbitration has got the favor of the parties in recent years, since it is a professional and efficient mode of settling the commercial disputes. Due to the complication of the disputes, cases in the process of arbitration may have a connection that cannot be neglected. If the cases were tried in separated arbitral proceedings, it would lead to low efficiency of arbitration or even contradictory rulings. Therefore, the theory and practice of consolidated arbitration arises at the moment. Although the academic and practical field’s opinions of consolidated arbitration especially compulsory consolidation of arbitration are not completely consistent, it is obvious that the consolidated arbitration has its own advantages. When comes to cases with related several parties, middle man in related transactions or related transactions between same parties, the consolidated arbitration has the advantages of efficiency and justice. The consolidated arbitration in the arbitration system of our country has not been built up at present. But the foreign legislations of many countries and arbitration rules have begun to make an attempt on the consolidated arbitration. These attempts have played an important role in promoting the development of commercial arbitration. Based on rational analysis of the consolidated arbitration especially compulsory consolidation of arbitration, summarizing and analyzing the foreign legislations and rules of arbitration is to put forward the construction of the consolidated arbitration system in our country.This paper, besides introduction and conclusion, is divided into four chapters. The first chapter is the overview of consolidated arbitration. According to whether the parties have a common intention of the consolidated arbitration in arbitration agreements, the consolidated arbitration should be divided into consolidated arbitration by consent and compulsory consolidation of arbitration. The second chapter is a rational analysis of the consolidated arbitration especially compulsory consolidation of arbitration. The third chapter focused on summarizing and analyzing the regulations of the consolidated arbitration in foreign legislations and rules of arbitration. The last chapter described the consolidated arbitration in situation of domestic legislations and the rules of arbitration in China and tried to build the consolidated arbitration system in our country.