Legal Basis For joining Third Parties in international Commercial Arbitration Proceedings

Abstract

Although The Principle of contractual freedom originally allowed the parties to organize their contractual relationship in the manner that best suits their commercial interests, commercial contracts have become multiple and intertwined .for example, The contract between the owner and the contractor often includes explicit references to the duties or rights of the subcontract. On this basis, if a dispute occurs between two of the disputing parties, the others will not be strangers to this dispute. Therefore, this relationship between the multiple parties cannot be ignored in the dispute resolution procedures, this makes the intervention or introduction of a third party a necessary reality, for considerations that serve the interests of the arbitration dispute. For this reason, national litigation systems provide extensive mechanisms for the participation of third parties related to the dispute between the original parties. Therefor, their participation in the dispute resolution process is considered necessary, as multi-party relationships at the substantive at level must be reflected in procedural level.