Extending the arbitration clause to a third party in Iranian law and international commercial arbitration procedure
The principle of relativity in judicial proceedings and arbitration confirms that the decisions issued are only binding on the parties to the dispute. However, the scope of the principle of relativity is not limited to votes, and this also exists in arbitration agreements. Therefore, the question arises whether the arbitration clause extends to a third party?
The present research was conducted with a descriptive-analytical method.
The answer given by the domestic law system of the countries to this issue is not the same as the answer of international commercial arbitration law and procedure. Most of the domestic legal systems, citing the principle of relativity of contracts, are resistant to the extension of the arbitration agreement to non-signatories, but international commercial arbitration laws and procedures are far from national laws and policies and realistic about economic and commercial activities between The international group of companies has more flexibility in front of this issue and considers it permissible.
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