نطاق تطبيق نسبية اتفاق التحكيم

Abstract EN

The essence of the principle of the relativity of arbitration agreement is that the parties-only-are the ones who receive the rights and obligations arising from this agreement, and that it is a contract subject in principle to the principle of relativity, and the source of this agreement is the will, like other contracts, according to general rules.

however, the special nature of an arbitration agreement or contract requires the application of this principle of relativity to this contract.

this principle and its scope of application involve fundamental issues, such as determining the contracting party in the arbitration agreement, and who is the intended party in the arbitration agreement, whether it is limited to the contracting party itself or extends to others, and the extent of the scope of the arbitration agreement to backward general, backward specific, and creditors.

what is the position of jurisprudence and comparative legislations on this subject.