نوع مقاله : پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
The doctrine of privity of contract at first glance includes all types of contracts, including the arbitration agreement, and does not face any exceptions except according to the law. But based on the requirements of today's societies, in the arbitration process, dealing with disputes related to third parties in the context of modern international business transactions, which usually include complex networks of intertwined agreements and multi-layered legal obligations with the presence of numerous and often related legal entities, it's inevitable.
Extension of the arbitration agreement to a third party and the possibility of the third party to rely on it, has always been a subject of debate in various legal systems and has been accepted in many systems based certain grounds. This has made the acceptance of the privity of arbitration agreement as a principle doubtful.
In this research, with the descriptive-analytical method and by studying in library sources, by examining the legal system and judicial procedure of Iran and the United States, we have come to the conclusion that in the legal system of Iran, if Extension of the arbitration agreement to a third party and the possibility of the third party to rely on it can be justified based on the general rules of contracts is acceptable, otherwise, our legal system still does not have an answer to this issue, and the principle of privity of the arbitration agreement and the non-acceptance of the extension of the arbitration agreement to third parties should be ruled on; An approach that has also been adopted in the draft of "Comprehensive Arbitration Plan" of Iranan Parliment.
کلیدواژهها English