امتداد أثر اتفاق التحكيم إلى الغير: دراسة في قانون التحكيم العماني

الملخص EN

This study dealt with the spillover effect of arbitration agreement to others in Omani law, as it is one of the topics of great practical importance in civil and commercial transactions.

Therefore, the study scrutinized the statement of the concept of third parties as to the effect of the arbitration agreement and the extent to which the binding force of the arbitration agreement extended to third parties.

It also outlined the legal basis for the extension of the effect of the arbitration agreement to third parties, the indication of the cases in which the effect of the arbitration agreement was extended to third parties and the implications.

These issues have been discussed in a descriptive and analytical manner in accordance with Omani law.

The study produced a number of findings and recommendations, the most important of which is that the extension of the effect of the arbitration agreement to the parties to the arbitration agreement, as voluntary conduct, is only the general origin, since in some cases the binding force of the arbitration agreement extends to third parties in accordance with the general rules of contract.

Since the Omani legislature did not address this issue in the Civil and Commercial Transactions Arbitration Act, the study recommended that Omani legislators should codify this issue in the Arbitration Act because of its practical importance.

To cover the subject of the study, it was divided into two sections: The first: definition of the binding force of the arbitration agreement.

The second: Extent to which the binding force of the arbitration agreement extends to third parties.