合并仲裁问题比较研究

A Comparative Study on Consolidation of Arbitrations

随着国际间商事主体经济交往的日益频繁与密切,国际商事纠纷的数量日趋增加且呈现复杂化的趋势。在此背景下,合并仲裁制度虽从产生伊始即备受理论界与实务界的争议,但也已经成为解决当事人之间因关联交易所产生的若干商事纠纷的有效方式之一。国际上对于合并仲裁制度的规定各有不同,各国合并仲裁在基本原则的把握上存在一些共性,但具体操作标准存在差异。笔者通过研究合并仲裁制度本身适用的合理性及其可能对仲裁程序造成的冲击,提出规避此种冲击的相应对策,并通过参考各国的立法实践与国际主要仲裁机构的仲裁规则提出立法思考与建议。

With the rapid development of international commerce and the growing trend of economic globalization, the number of international commercial disputes increases, and the substantial issue of the dispute tend to be more complex. Though facing controversy from the outset, the system of consolidated arbitration has become an effective way to resolve the commercial disputes caused by related party transactions between the same parties. There are different rules and regulations about the system of consolidated arbitration across the world. Although there are similarities between different countries’ understanding of the consolidated arbitration’s basic principles,their specific application standards differ from each other. Through analyzing both the rationality of application of consolidated arbitration system and its possible impact on arbitration proceedings, the author raises proper methods to avoid or mitigate such impact. Moreover, by using other countries’ legislation and arbitration rules as a frame of reference,the author also shed light on the amendment of Chinese Arbitration Law concerning the consolidated arbitration system in China.