Legal framework of multiple arbitration

2014 Fiscal Year Final Research Report

• 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
• Keywords: 仲裁 / 多数当事者

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.

Free Research Field

民事手続法