Study Of The Consolidatedarbitration

With the development of the economics and the commercial activities getting more complicated than ever before, the multi-party disputes has been a quite challenge to the present dispute resolutions including arbitration. There are procedure loopholes on aspects such as providing evidence or fact finding when the arbitration dealing the multi-party disputes with the traditional separate trials. To overcome the drawbacks above, the consolidated arbitration is proposed.Consolidated arbitration is the consolidation of arbitration procedures. However, the viewpoints of the scholars towards the consolidated arbitration theory have not been unified so far.Firstly, The connotation and extension of the consolidated arbitration is still not clearly discussed and the discussions for consolidated arbitration are easily confused by the concept of the third party of the arbitration or other similar procedures.Secondly, the consolidated is the inevitable result of the arbitration practice. On one hand, it meets the requirements of the economic efficiency as well as the pursuit to the value of justice. On the other hand, the application of the consolidated arbitration may contrary to the principles of autonomy of will and confidentiality. The disadvantages above lead to different degrees of doubts and criticizes for consolidated arbitration.For those scholars who support the consolidated arbitration, they trend to discuss it’s rationality in categories of “consensus consolidated arbitration” and “mandatory consolidated arbitration”. However, the discussions based on those two categories can still not achieve a unified attitude.Thirdly, although in the countries which applied the consolidated arbitration, the selection of the arbitrator and the constitution of the arbitral court is still not unified.This article will illustrate the rationality of consolidated arbitration in following four chapters.The first chapter will firstly illustrate the the general theory of consolidated arbitration and its’ main discussion from the perspective of multi-party disputes. The demonstration will based on a comparison of four concepts. Furthermore, I will come up with two problems need to be solved: the rationality of consolidated arbitration and the constitution of the arbitral court. The second chapter will focus on the rationality of consolidated arbitration. The demonstration will start from the nature of the consolidated arbitration which is the parties’ autonomy of will to consolidated the arbitration trail. Then an rational and applicable consolidated arbitration system will be purposed. This chapter will also further discuss and define the “consensus consolidated arbitration” and “mandatory consolidated arbitration”. The third chapter will be around the constitution of the arbitral court. The last chapter will be the complete of the consolidated arbitration regime in China. This chapter will analysis the drawbacks of the current regime and give a suggestion on regime completion on consensus consolidated arbitration in China.