Obstacles that may Hinder the Arbitration Process and the Role of third Parties in the Arbitration Dispute

10.2478/bjlp-2022-007082

Abstract

The development of the arbitration system, and the acceptance of states and natural or legal persons to it, and the importance and effectiveness of arbitration in resolving international disputes and its confidentiality and to enable the parties to choose their arbitrators and the applicable law. This distinguishes arbitration from other methods of dispute resolution. Accordingly, in light of the changes and the complexity of relations, especially the emergence of nodal groups that include more than one contract, and the different legal relations between the parties and their intertwining. Questioning the principle of relativity led to arbitration clause on the parties. And where the arbitration agreement was defined as “an agreement between two parties to refer to arbitration all or some of the disputes that have arisen or may arise between them regarding a specific legal relationship, whether contractual or non-contractual. The arbitration agreement may be in the form of an arbitration clause contained in a contract or form separate agreement. Accordingly, the meaning of the article and the provisions that follow from it is that the effect of the contract, whether it is obligations, rights or duties, cannot extend except to its parties, and the party is every person who participated willingly, whether by origin or by proxy, in the formation of the contract and others, otherwise. And on it I will clarify in the paper This research is whether or not others have a relationship in the arbitration dispute.