


Volume 20 No 22 (2022)
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Using Estoppel Principle to Resolve Disputes between Parties in Multilateral International Commercial Arbitrations
JavadYadaeiAmnab
Abstract
Due to the numerous changes in the volume and nature of international commercial transactions, which
have led to the emergence of complex commercial disputes, it is now considered essential to involve third
parties to form an efficient and exhaustive arbitration proceeding and to be bound by the issued decision.
Using an analytical-descriptive methodology, the purpose of this study is to examine the position of the
estoppel principle in multiple arbitrations. Legal impediments to the implementation of this rule include the
contractual nature of arbitration and the requirement that it be in writing, the rules governing fair
proceedings, the recognition and enforcement of the judgment issued in accordance with valid conventions,
and various national laws. Consequently, the appointed arbitrators must solve the declaration problems by
abandoning the previously limited approach and relying on sources outside the law, such as legal principles
and the estoppel principle, as well as the interpretation of the arbitration clause provisions and the
contractual behavior of the parties concerning the original contract. Consequently, the purpose of this study
is to investigate the estoppel principle and its effects on the parties to the arbitration agreement and third
parties, as well as their respective responsibilities. The outcome demonstrates that the estoppel principle has
both negative and positive consequences. From a positive standpoint, estoppel, which is founded on fairness
and good faith, binds the parties who have benefited from a contract's benefits to other obligations,
including the arbitration clause. A third party who has continuously performed the obligations of a contract
cannot be denied the benefit of the arbitration clause and participation in the proceedings from a negative
perspective.
Keywords
Arbitration, stopple, Principle of law,Extent of arbitration
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