التحكيم المتعدد الأطراف في ظل قوانين و قواعد التحكيم

الملخص EN

Arbitration is an integrated legal system to which contractors resort on their own volition to settle their contractual disputes away from traditional state judiciary.

Arbitration system has characteristics that distinguishes it from traditional judiciary system: it involves an agreement in its beginning; a procedure in its middle and a ruling in its end.

Multi-party contractual relationships disputes leads to an arbitration with more defendants and plaintiffs giving rise to more complex linkages between parties.

Study, hence defines multi-party arbitration, and identifies its nature and two types: one is included in the arbitration agreement, while the other extends beyond persons included in arbitration agreement.

Study elaborates on the pros and cons of the latter form; sets forth its legal and regulatory frame and argues the possibility of merging more than one arbitration.

It also discusses impediments to implementation and resolution mechanisms as well as touching upon the most famous multi-party arbitration cases.

In its epilogue, the study lists key findings and recommendations which included practical solutions for problems associated with multi-party arbitration including those occur when arbitration agreement extends to third parties particularly in cases of indivisible obligation binding partners of joint-liability companies.

Study also demonstrates UAE Civil Transactions Law's lack of elaborations in this regard given the absence of a special law dedicated for arbitration in the UAE, and the scarcity of studies on such type of arbitration which offers ample room for jurisprudence and interpretation, giving rise to new problems.