The Consolidated Arbitration System Research

With the unprecedented development of economic and trade exchanges,and commercial relations in terms of trading results and way to trade is more complex,in many areas of business,the same party disputes involved in the commercial relationship between the situation more and more.The growing of arbitration disputes to the traditional commercial arbitration system has formed certain challenges,is the consolidated arbitration as a solution gradually be taken seriously as one of the parties dispute the countermeasures.Consolidated arbitration will be two or more than two mutually independent and related arbitration procedures to merge with each other,in the same one-time solve all the disputes in the arbitration procedure,not only save the time and cost,also to avoid the same case of decision making,fully embodies the arbitration process efficiency and substantial justice value.At present,the lack of consolidated arbitration of the arbitration legislation,even if a few in the arbitration rules of arbitration of consolidated arbitration is involved,but also because of regulations are simple and lack of practical operability.And theoretical research also only stay in the study of basic theory of consolidated arbitration as well as to the force on the criticism of consolidated arbitration,and on the introduction of domestic and foreign arbitration rules no update to the latest rules,practice of consolidated arbitration of our country is not systematically summarized.Therefore,it is necessary to merge the arbitration problem,combing the practice of consolidated arbitration cases in the system,based on the fundamental concept and principle,combining with traditional arbitration theory and the latest rules both at home and abroad,to analyze obstacles and problems existing in the consolidated arbitration applicable,in the concrete application mechanism of a breach to solve the problem of open set level,in order to offer beneficial reference to arbitration and judicial practice in our country.From the current situation of consolidated arbitration legislation and practice in our country,it is not difficult to found that the consolidated arbitration system has the following problem:the arbitration legislation did not provide a legal basis for the application of consolidated arbitration,the arbitration agency can only carefully according to the arbitration rules of the case to be consolidated;It is not conducive to the benign development of the practice of commercial arbitration.The arbitration rules lack the standard for the following problems of merger arbitration,which reduces the certainty of the operation of the merger procedure.Moreover,the limitation of the court's interference in the merger arbitration procedure is still fuzzy.Therefore,Chinese arbitration legislation shall make a general provisions of consolidated arbitration from a macro level,namely,have clear purpose,consolidated arbitration approval in accordance with the arbitration rules of forced mergers,and give the parties out of defence of consolidated arbitration shall apply.At the same time from the micro level of the arbitration application condition,the combining arbitration decision subject,the composition of the arbitration tribunal,and the specific procedures such as the burden of arbitration fees set to make rules and regulations,for the operation of the consolidated arbitration system in China to provide specific operation mechanism,the maneuverability is strong.