Consolidation Of Arbitration Studies

With the rapid development of modern economy and society,commercial disputes also presented a diverse landscape.Multi-party and multi-contract disputes have become the mainstream of commercial disputation.As a result,a new kind of arbitrating proceedings has emerged in practice,that is consolidation of arbitration.There are many controversies over it in the theory,especially mandatory consolidation of arbitration.However,its many advantages,such as impartiality and efficiency,can not be overlooked.So many arbitration institutions have made corresponding provisions in the legislation and rules of arbitrating,and it also is given active affirmation in legislating among many foreign countries.In recent years,consolidation of arbitration has been gradually amended in the process of modifying arbitration rules by China's arbitration institution,but it did not form a complete system.In order to better promote the development of China's commercial disputes,this paper analyses present theoretical controversies,and puts forward some suggestions on the improvement of arbitration in China by combining domestic arbitrating with the experience from other countries.Apart from the introduction and conclusion,the main contents are divided into four parts:the first chapter is the fundamental theories of consolidation of arbitration.It gives a brief explanation of meaning of consolidation of arbitration,its classification and makes comparison with other similar concepts.The advantages and disadvantages are also compared so that a conclusion is made that benefits outweigh defects.The second chapter is about the present situation of consolidation of arbitration in China,which mainly analyzes the domestic status quo of legislation and the rules of consolidation of arbitration.The third chapter is about the study of consolidation of arbitration in other countries.Through inducting and analyzing their legislation and main rules of their arbitration agencies,the arbitration system in China may be improved.The fourth chapter is the perfection of the consolidated arbitration and the Arbitration Law of China,based on the present situation of our country and the Enlightenment from foreign countries,this paper puts forward some concrete suggestions on the establishment of arbitration in arbitration law.In general,the advantages of consolidation of arbitration,theoretically,can not be neglected in terms of cost saving,efficiency,avoidance of controversial arbitration outcome.Practically,it has been well implemented both in domestic and foreign arbitration proceedings,thus it is necessary and feasible to set up consolidation of arbitration in the arbitration legislation of China.It is proposed in this paper that such corresponding provisions should be made in the arbitration legislation that arbitration law could better coordinate with arbitration rules in arbitrating proceedings,and that more efficient and impartial rulings could be reached in arbitration involved multi-parties and multi-contracts.And also these provisions could provide specific legal guidance to the arbitration institution and the parties involved.