نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی دانشگاه علامه طباطبایی
2 دانشیار گروه حقوق خصوصی دانشگاه علامه طباطبایی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Arbitration is recognized as one of the most important methods of dispute resolution outside the judicial system, and the laws related to it are based on the Imamiyyah jurisprudence and follow the law of obligations. Therefore, based on the laws, it is interpreted that third parties and legal successors of the parties to the arbitration agreement do not have the absolute right to intervene in the arbitration process due to the principle of the relativity of contracts. However, the relative nature of contracts does not accept such absolutism, and in some cases, the extension of the arbitration agreement to third parties has been allowed based on the principles of preserving the rights of individuals.
The findings of this research show that the personal bases for the expansion of the scope of the arbitration agreement in Iranian law can be justified and explained by referring to the theories of apparent representation, implied consent, the theory of legal succession, and the principle of estoppel. It was also determined that the basis for the personal expansion of the scope of the arbitration clause with respect to a third party, which relates to the main subject, is actually determining the two real parties in the arbitration agreement rather than expanding the scope of the arbitration clause, and this is not in conflict with the principle of the relativity of the contract. Therefore, for the expansion of the arbitration agreement, it is necessary to seek the element of consent of the third party.
کلیدواژهها [English]
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