Institutional Development And Perfection Of Consolidation Of Arbitration In China

The rapid development of the economy and society has made the commercial transactions appear complex and diverse,and the disputes of many parties have emerged one after another.The traditional arbitration model can no longer meet the needs of many parties to effectively resolve disputes,and merger arbitration has emerged.China's arbitration law has not yet introduced a merger arbitration system.The arbitration rules only make simple provisions,and merger arbitration faces many practical problems.In order to comply with the development trend of commercial arbitration and improve China's arbitration theory,the thesis chiefly discuss the fundamentality and practicability of the merger arbitration system,and combines the experience of domestic legislation,judicial and arbitration practices,and learn from the experience of foreign legislation and arbitration institutions,propose legislative proposals to improve merger arbitration and design ideas for arbitration rules.In addition to the introduction and abstract,this thesis has been divided into four sections.The first section is an overview of merger arbitration.Consolidated arbitration is an arbitration procedure that combines multiple arbitration cases with the same fact or legal relationship and high degree of association.Consolidated arbitration is mainly divided into two situations.One is that the parties agree to jointly apply for merger arbitration,and the other is that the entity that enjoys the decision-making power considers the parties to consider the merger.Merger arbitration has important significance such as improving arbitration efficiency and avoiding contradictory decisions.Combined with the needs of China's arbitration practice for the merger arbitration system,the merger arbitration system should be improved.The second part is about the legislation of China's merger arbitration,the status quo of judicial practice,the status quo of arbitration rules and the analysis of legislative and arbitration rules.China's arbitration law has not introduced a merger arbitration system so far.Although several major arbitration institutions have set up merger arbitration clauses,they only make provisional provisions for the application or applicable conditions of merger arbitration,and lack specific provisions for the follow-up issues of merger arbitration.In judicial practice,after the arbitral award is made,individual parties apply to the court for non-execution or revoke the ruling on the grounds that there is no legal stipulation.Therefore,it is imperative to improve China's merger arbitration system.The third part is the summary of the status and experience of legislation and arbitration rules for extraterritorial merger arbitration.This paper compares the experience of the combined arbitration legislation of the United Kingdom,the Netherlands,New Zealand and Australia,and summarizes the design experience of the arbitration rules of the ICC,the Hong Kong International Arbitration Center,the Singapore International Arbitration Center,and the current status of judicial and arbitration practice in China.Propose reasonable suggestions.The fourth part is the legislative proposal of China's merger arbitration system and the design proposal of arbitration rules.This paper analyzes the current situation and problems in the practice of China's merger arbitration system,draws on the experience of international arbitration law and arbitration rules,and proposes legislative proposals that are in line with the current situation of judicial and arbitration practice in China.Finally,in the design of arbitration rules,the problem of combining arbitration procedures is the entry point.Rationalization proposals were made on the applicable conditions of the merger arbitration,the decision-making body,the selection of arbitrators,and the calculation of fees,the making,recognition and enforcement of awards.