The legal position of third parties in relation to the arbitration agreement within the framework of chain of contracts

Authors

  • Alaa Al Hassiby
  • Dr. Yasser Al Howaish

Keywords:

Arbitration agreement, Chain of contracts, Extension of the effect

Abstract

A chain of contracts consists of an interrelated group of consensual contracts, that perform a single economic operation. If an arbitration agreement is included in one to its contracts, whose effect is transferred or extended to third parties, the effect of the arbitration agreement shall apply to him accordingly, who becomes new party to the arbitration  agreement, is bound by its form and substantive scope determined by its original parties, unless there is a legal text or agreement provision to amend them. Depending on the relative impact of the arbitration  agreement, the  new party will be subject to arbitration and its procedures. But acceptation of his representation in the existing arbitration case, will be subject to the rule of law or the will of all parties, in the absence of that of the arbitral tribunal's discretion.

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Published

2023-03-30

How to Cite

The legal position of third parties in relation to the arbitration agreement within the framework of chain of contracts. (2023). Damascus University Journal for Legal Sciences, 3(1). https://journal.damascusuniversity.edu.sy/index.php/legj/article/view/8788