合併仲裁法律問題思辨

Reflection and Analysis on the Legal Problems of Consolidation of Arbitration

Multi-party contract disputes derived from the innovation of Multiparty transaction mode easily, while the traditional separate arbitration mode is apparently unable to meet the need of practice, there arises the demand of consolidated arbitration. Considering the theory and practice of consolidation of arbitration, it has always been accused of setting different specific legal problems with commercial arbitration confidentiality, party autonomy principle, operation procedure, judicial supervision and so on. But from the perspective of modern business, these problems can be settled properly. This article concentrates on the legal problems about the practice and theory of consolidated arbitration. The author selected the following questions such as the holder of the authority to order consolidation, the elements to be considered when deciding consolidation, how to display the position of parties involving arbitration, how to constitute the arbitral tribunal after consolidation, and arbitration fees. Through analyz- ing the new trends of addressing issues related in the newest arbitration rules of major domestic and international commercial arbitration institutions after 2010, combined with some foreign representative case analysis, the author has used both the theoretical and empirical methods to make the serious problems clear in China and evaluate international practice by comparing advantages and disadvantages of various solutions.