Research On Consolidated Arbitration

The emergence of a great deal of new disputes in commercial activities in new epoch,the increasing number of the multi-party disputes and the multiple contract disputes,it is very difficult to deal with the problems that existed in the arbitration practice by using traditional methods.Therefore,consolidated arbitration emerges as the times require which in order to deal with the multi-party disputes and the multi-contract disputes.Consolidated arbitration can avoid controversy,improve efficiency,achieve the aim of fairness and justice in essence,but the legitimacy of consolidated arbitration has been questioned,especially compulsory consolidation hits the confidentiality of traditional arbitration and the principle of party autonomy,which leads to the contradiction between the practical requirements of consolidated arbitration and the lag of legislation.In addition,there has the practical controversy between arbitral legislation and arbitral rules at domestic and foreign,it mainly reflected in the procedure of consolidated arbitration.This paper proposes legitimating consolidation by consent by passing a law,and acknowledging compulsory consolidation with some conditions,at the same time,this paper puts forward some suggestions for consummating and improving the system of consolidated arbitration based on the analysis of the theory and practice of consolidated arbitration at domestic and foreign,such as,making up for the deficiency of consolidated arbitration by practice guides,specifying the procedural rules which contain the sharing of costs of arbitration,the making of arbitration award,the election of arbitrator and so on,standardizing the content of recognition and enforcement of arbitral award.This paper consists of four parts,except preface and epilogue.The first part introduces the basic theories of consolidated arbitration.First,it simply describes the system's background.Second,the author wants to use the analysis of relevant theories to highlight the system's features.At the end of the part,the types of consolidated arbitration are described in detail,it is benefit for us to further understand the relevant contents of consolidated arbitration.The second part mainly discusses the analysis about consolidated arbitration's theories.It lists some ideas about the system of consolidated arbitration,which support the system and oppose the system,the author wants to clear the system's advantages and disadvantages through the comparative analysis of the two ideas,meanwhile,the author also wants to indicate attitude to consolidated arbitration to define the direction of research in this paper.The third part is about the practical analysis of consolidated arbitration.It refers to the research on the practice of consolidated arbitration at domestic and foreign that points out the problems existing in consolidated arbitration in our country.The last part is the most important part,it concerns the improvement of the system of consolidated arbitration.Based on the above analysis,the part puts forward some suggestions to strengthen and improve the system of consolidated arbitration in our country from arbitral legislation,arbitral rule.