The Fading of Compulsory Consolidation of Arbitration: A Fight between the Principles of Efficiency and Party Autonomy in International Commercial Arbitration
Fudan Journal of the Humanities & Social Science, Vol. 4, 2008
11 Pages Posted: 10 Sep 2010
Date Written: September 9, 2008
International commercial disputes are getting more complex with the time being, which necessitates the adoption of compulsory consolidation of arbitration by the courts in some countries and regions. In practice, courts usually justify their decisions on three major grounds. However, compulsory consolidation of arbitration in essence is in violation of major principles and natures of international commercial arbitration system, and thus has insurmountable pitfalls. Consequently, a review of recent legislation and practice shows that compulsory consolidation of arbitration is fading nowadays world-widely.
Keywords: Compulsory Consolidation of Arbitration, Efficiency Principle, Party Autonomy Principle
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