The executive force of a foreign arbitration award with respect to third parties

Document Type : Research Paper

Authors

Al-Qadisiyah University / College of Law

Abstract
Modern international business transactions often several people to complete large-scale projects, and it is normal for all people involved in a multilateral project to have financial interests in it, so any dispute that arises in the context of this project is likely to affect their legal status, even When a dispute arises between two persons involved in the same project and bound exclusively by a bilateral arbitration agreement,
Based on this, we discussed the recent trends that call for expanding the arbitration agreement to include other relevant parties, as we showed that consent to arbitration is not necessarily proven by signature.
These theories focused on the contractual aspect of arbitration, but arbitration has judicial effects that go beyond its contractual principles, as the arbitration decision has effects on other parties who have interests identical to the interests of one of the real parties, such as the general successor and the private successor, and in such a case they will have a strong interest in interfering within the arbitration procedures. Thus, the validity of the arbitration award is extended to them.
But the independence of the procedural parties may prevent others from interfering in the arbitration dispute, and therefore the scope of the arbitration award’s validity prevents them from being affected by the ruling, even if they are contractually linked to one of the real parties, but their interests are not identical with the interests of the parties to the proceedings

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  • Receive Date 29 November 2024
  • Accept Date 05 December 2024