KIULJ Volume. 4, Issue 1 (2022)

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Contributor(s)

John Funsho Olorunfemi, Ph.D., Godwin Musa Omale Ph.D.
 

Keywords

Arbitration Agreement; English Arbitration Act; Third Parties; Non signatories; UNCITRAL Model Law.
 

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Interrogating the effects of arbitration agreement on third parties

Abstract: Abstract Although the parties to an arbitration agreement are the first category of persons to be bound by an arbitration agreement, the less obvious category of entities that are integral to the resolution of the dispute may generate concerns. This is yet to be appreciated by many. The focus of this paper is to determine the extent to which an arbitration agreement can affect the rights of an interested third party in order to recommend appropriate legislative measures. It finds that the growing complexity in contemporary international business relations, and the need to further promote arbitration to effectively settle commercial disputes, creates the need to recognize the interests and rights of third parties to join or be joined in arbitration process, in deserving circumstances. It reveals that contemporary commercial realities seem to make it expedient to extend the frontiers of an arbitration agreement to affect third party interest. It therefore, recommends that this growing phenomenon should be reflected in national arbitration laws to cater for third party interest especially in the composition of arbitral tribunal, conduct of arbitral proceedings and enforcement of arbitral awards.
 
 
 

Kampala International University Law Journal (KIULJ), ISSN: 2519-9501, 2025 | All Articles