مفهوم الضم للتحكميات التجارية و امتدادها لغير أطرافها في إطار التحكيم التجاري الدولي

Abstract EN

In fact, the inclusion of arbitration is not limited to the fact that it is permitted or otherwise expressed in principle, but rather that the problems caused by inclusion are numerous, both in procedural and objective terms.

If supporters of inclusion believe that it is a way to achieve economies of time and expense and avoid conflicting arbitral rulings.

Opponents of it believe that it will create several problems, particularly with regard to the selection of arbitrators and their assigned functions, as well as problems with the due timing and procedures of the annexation, and the fundamental principle of arbitration, which is to preserve the confidentiality of arbitral proceedings.

It is also difficult to find a criteria to be adopted for recognizing the linkages between different issues, as well as the will of the parties to join, and therefore the inclusion of arbitration is not an easy issue, which is being done without any obstacles.

It is necessary to examine these problems before we reach an acceptable conclusion, consistent with the nature and purpose of arbitration.

New parties like the old parties will be bound by confidentiality as parties to the first arbitration.

As for extension, it can be said that although arbitration is an effective means of dispute resolution, it is aided by the existence of effective arbitration clauses, which represent the agreement of the parties, and which highlight the consent of the parties.

Business transaction operators expect liability only if their parties breach their binding obligations in a contract, as the parties do not expect to become bound by obligations in the contract to those not included in the contract.

We therefore believe that the obligation not only to sign the arbitration agreement will increase judicial intervention in the arbitration process, but will also be in conflict with the principle of consent, which is the beating heart of arbitration.

The parties will then be obliged to enter into an arbitral proceeding without consent, and arbitration conditions that become used to establish an obligation of non-parties.

The bottom line is that, given this apparent divergence among national legal systems, it is necessary to agree to enact or enact international legislation to become an interstate law to regulate the problem of the extension of arbitration as well as the joining of related arbitration.