أثر اتفاق التحكيم بالنسبة للغير

Abstract EN

Arbitration is an instrument of procedural and procedural art to resolve disputes in which the parties to the dispute agree to resort to arbitration.

It is considered a mixed system that begins with an agreement and then becomes a procedure and then ends with arbitration.

This system is characterized in its successive phases as the relative effect of the arbitration agreement as an individual act, where its effects are transferred to its parties only without benefit or damage to third parties.

According to the third party, it is not permissible to interfere or introduce others.

The principle of the relative effect of arbitration on third parties is a product of its inception, and its commitment to the principle of the will of the will.

This latter principle is a reflection of the individual doctrine., And therefore the idea of others must be recognized that it does not concern only the owners but extends to society and others.

Arbitration in its successive stages is regarded by others as a mere legal fact on which it can be based or invoked as a basis for the legality of the legal status: objective or procedural Based on the above, the effect of the arbitration agreement may be passed on to persons who have not signed it.

On the contrary, it may not go to persons who signed it but did not intend to link to it.

What is the standard for each party? In fact, the answer to this question is subject to disagreement in the general theory of the contract where the dispute raged about the identification of who is party to the contract.

The traditional jurisprudence takes the narrow concept of the idea of the party and restricts it to all those who are inclined to conclude the contract only, and this status acquires two groups of people who resemble the parties, the people represented and the general background, and distinguish between two sects of others (the real or foreign) It has no direct relationship or interest to the contract, and (non-delusional or unreal), which is not from the parties and not from the non-real, and includes the ordinary creditors, and the special successor and the Egyptian Court of Cassation to this community to the parties involved in the contract, Shipping, and express them by a thousand Its third party stakeholders associated with the interests of the parties in a dispute arbitration agreement and a number of those between the sponsors and the source of the letter of guarantee The modern jurisprudence took the broad concept of the idea of the party, considered the non-delusional in the concept of the party, and adopted its supporters different criteria to achieve this goal went a part of the jurisprudence to the standard of the extent of the authority of the contractor in the contract, as the impact of the contract in the light of this criterion is not only to each of The contract or shares in the conclusion of the contract, but extends to each of the implementation or shares in its implementation.

In the first denomination all those who entered into or entered into a contract involving the arbitration clause and turned to their own will or through their representative, but by analyzing the representation idea, we shall have difficulty in excluding the representative from the contracting parties, especially if he is not disclosed in the representation and name of It is, whether natural or legal persons who are parties to the contract since its conclusion, shall, for the legal person, have a legal presence and the representative shall have acquired legal representation in the legal sense, and The name shall be exercised in the name and in the interest of the legal person, and this is a different matter in the jurisprudence and elimination.

As for the second group, the persons who acquire the status of the arbitrator on the basis of their role in the execution of the contract containing the arbitration hereof Between such general successor and beneficiaries of the total or partial transfer of the binding effects of the contract including the arbitration clause, as in the case of transfer of contract, right or religion.

There may be a multiplicity of parties after the start of the arbitration dispute, which makes it difficult to leave the impact of its procedures to non-parties, but it depends on determining the concept of the intervening or required parties and the extent to which this may be agreed between the parties and third parties and the arbitral tribunal