Legal framework of multiple arbitration
Project/Area Number |
24530087
|
Research Category |
Grant-in-Aid for Scientific Research (C)
|
Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
Civil law
|
Research Institution | Nagoya University |
Principal Investigator |
WATANABE Miyuki 名古屋大学, 法学(政治学)研究科(研究院), 教授 (40271853)
|
Project Period (FY) |
2012-04-01 – 2015-03-31
|
Project Status |
Completed (Fiscal Year 2014)
|
Budget Amount *help |
¥4,160,000 (Direct Cost: ¥3,200,000、Indirect Cost: ¥960,000)
Fiscal Year 2014: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2013: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
Fiscal Year 2012: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
|
Keywords | 仲裁 / 多数当事者 / 国際研究者交流(イギリス・アメリカ・ドイツ) / 国際情報交換(韓国) |
Outline of Final Research Achievements |
In this research, I have considered about the legal rules for multi-party arbitration, mainly on the consolidation of the procedure, referred to legislation examples of foreign countries and main arbitral institutions, precedents and discussions especially in United States and Germany. Because the arbitration procedure is based on the agreement of parties, it is desirable for parties that they agree about rules of multi party arbitration carefully and have clear provisions with regard to them, when concluding a contract. Problems derive from lack a clear agreement. When agreement is partly omitted in the related contracts, expansion of the range of the arbitration agreement should be examined mainly from the viewpoint of the relations between arbitral contracts. Some countries have a compulsory consolidation system, but careful examination will be necessary. In addition, I introduced the development of class arbitration of America.
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Report
(4 results)
Research Products
(3 results)