Assignment of Arbitration Agreement

Assignment of Arbitration Agreement is one of the unresolved issues in the area of arbitration law. Condition of the transfer contract is required the consent of the other party. Since the arbitration agreement is a contract, the transfer of which is subject to obtaining the consent of the other side of the original contract. In addition, because the arbitration is subject to the agreement of the parties and has a specific nature, Transferee only if the accepts arbitration is bounded to it. The other party's consent to the transfer of contract is assumption that he accepts the arbitration agreement. But obtaining the consent of the transferee to accept arbitration is slightly difficult. However, if the parties to the original contract, in arbitration, taking into account the character of their opponent predicts, the transfer of the agreement is prohibited. Special nature of arbitration has caused legislator held in article 481 of civil procedure code in the case of death or incapacity that it is void and not assignable.