الخصوصية الإجرائية للتحكيم في منازعات عقد الشركة التجارية

Abstract EN

Based on the general principles of contract and the general principles in arbitration, the effects of an arbitration agreement, the proceedings and the award extend only to the parties thereto.

In a normal contract, there are normally defined parties who are bound by an arbitration agreement, by virtue of their conclusion of the agreement.

However, signing the articles of association, normally leads to the establishment of a juristic person under which there are multiple parties and several relationships out of which several disputes may arise.

In such scenarios, multiple parties may be connected to arbitral proceedings while they are not necessarily bound by the arbitration clause in the articles of association.

In the face of the potential relevance of multiple parties to arbitral proceedings, arbitration rules, whether institutional or ad hoc, have been updated to include articles for the joinder of third parties who are not necessarily signatories to the arbitration agreement.

Moreover, a set of arbitration rules has been created to deal with the multi-party situation in corporate law disputes, in particular .

Considering the foregoing, and by utilizing an analytical approach, supported by a comparative approach, the underlying paper examines the extent to which the principles of arbitration may align with the nature of the agreement for the establishment of a commercial company under Qatari laws, in light of the relevant modern procedural mechanisms.