On Consolidated Arbitration Under The Arbitration Rules Of China Maritime Arbitration Committee

The article studies on consolidated arbitration under the arbitration rules of China Maritime Arbitration Committee,and focus on the questions of the CAC consolidated arbitration's value of theory and practice,the autonomy and confidentiality of CAC consolidated arbitration,the differences between CAC consolidated arbitration and other multi-party arbitrations,the procedures of CAC consolidated arbitration and the enforcement of CAC consolidated arbitration.The article is divided into five parts.Chapter 1 by analyzing the some disputes between multi-party under the relationship of a charter party and marine insurance contract relationship,founds that CAC consolidated arbitration is the best way to resolve the some disputes between multi-party in maritime arbitration,and to better achieve the value of justice and efficiency of arbitration.Chapter 2 targets on the argument of compulsion and confidentiality of CAC consolidated arbitration,starting from analyzing the nature of arbitration and then with the carding and induction of Britain and the United States' attitudes to consolidated arbitration's autonomy and confidentiality,and also with the study on regulations of consolidated arbitration of SMA,TOMAC,ICC and so on,to get the reasonable answers.Chapter 3 compares the similarities and differences between CAC consolidated arbitration and LMAA concurrent hearing,Shanghai Free Trade Zone third party in arbitration,American class arbitration.That includes by analyzing the argument of arbitration idea and the function of multi-party arbitration to find the similarities,and by comparing the requirements of multi-party arbitration,extension of the scope of validity of arbitration agreement,the non-disclosure of arbitration to analyze the differences.Chapter 4 studies on the rationality and potential problems of CAC consolidated arbitration's procedures and put forward feasible resolutions.These procedures mainly includes the appointment of arbitrator for consolidated arbitration,the time limit for bringing up CAC consolidated arbitration,the discontinuance of CAC consolidated arbitration,the apportionment of arbitration expenses and how to made the arbitration award.Chapter 5 basing on the former discussions,such as the the argument of compulsion and confidentiality of CAC consolidated arbitration,through the aspects of arbitral procedures and public policy to analyze the enforcement of CAC consolidated arbitration under China arbitration act and New York convention.