الأثر النسبي لاتفاق التحكيم موضوعا و أشخاصا في ضوء التشريع البحريني

Abstract EN

This research discussed the subject of "Relativity of the Impact of the Arbitration Agreement in terms of pointing out what is meant by the parties to the arbitration agreement, going through the impact of the arbitration agreement on third parties who were not a party to it.

In this research, we discussed the relativity of the arbitration agreement in terms of its subject matter as well, because the issue of the substantive relativity of the arbitration agreement wasn't directly discussed, however its elements are scattered among the books that explain arbitration, then, clarifying what is meant by the substantive relativity of the arbitration agreement in terms of the contractual basis of the arbitration process on the one hand, and the interpretation rules that define the scope of the arbitration agreement and the extent of its impact on third parties on the other hand.

In order to talk about the relativity impact of the agreement in hill, we have dealt with the procedural aspect of this relativity, which is represented in the conditions of adjoining and intervention into the arbitration litigation, considering that these procedures are practical process of the relativity applications of the impact of the arbitration agreement, and it is not too late in this research to cite the jurisdiction of the Supreme Court in the Kingdom of Bahrain - the Court of Cassation and the consultations and judgments issued by the permanent international arbitration centers.

At the end of this research, we concluded a set of recommendations and results in which we called for the Bahraini legislator to follow his counterparts from the Gulf legislators in developing a provision regulates the adjoining and intervention into the arbitration litigation as well as stating a provision distinguishes between Ad- Hoc Arbitration and institutional arbitration.