Consolidation Of Arbitrations

International commercial arbitration has become the de facto standard method to solve disputes because of its flexibility,confidentiality and cost-effectiveness.Due to the rapid development of economic globalization and the complexity of international commercial transactions,the number of multi-party disputes have gradually increased,which has put forward new challenges to the traditional international commercial arbitration theory and practice based on bilateral disputes.When countries?regions? and arbitration institutions is seeking the mechanisms for dealing with multi-party disputes,consolidation of arbitrations is created.On the basis of theoretical analysis of consolidation of arbitrations and the systematic study of overseas arbitration legislation and arbitration rules,this dissertation will put forward the rationalization proposal of constructing consolidation of arbitrations from Chinese perspective.This dissertation comprises four parts,besides the preface and conclusion.The first part is the introduction of consolidation of arbitrations.Consolidation of arbitrations refers to the process of uniting one single proceeding into several independent and interrelated proceedings,which are pending or have been initiated.It can be categorized into two types:consolidation by consent and compulsory consolidation.At present,only a few countries or regions have approved compulsory consolidation,such as the United States,the Netherlands,Australia and Hong Kong.The second part is the theoretical analysis of consolidation of arbitrations.As a mechanism created for the new challenge in international commercial arbitration practice,consolidation of arbitration could eliminate contradictory judgments,therefore could improve the efficiency of arbitration and ensure the fairness of the settlement.However,it may against the parties' will and the principle of confidentiality in arbitration,thus may impair the enforceability of arbitral awards under the New York Convention.The third part is the ideal mode of the consolidation of arbitrations.As an arbitration procedure,the merger arbitration should be operable and practical.The Arbitration rules should specify the following issues:the applicant and the decision maker of consolidation,the procedural adjustments in the consolidated cases,the composition of the consolidated panel,the cost of arbitration,the confidentiality of arbitration and other details.The fourth part discusses the consolidation of arbitration in China and provides some feasible suggestions.The current primary work is to complete the system of consolidation by consent rather than to establish compulsory consolidation.According to the Chinese arbitration law,the arbitration rules and arbitral practice,this dissertation proposes some feasibility suggestions to perfect our consolidation of arbitration system.