Volume 20 No 22 (2022)
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Using Estoppel Principle to Resolve Disputes between Parties in Multilateral International Commercial Arbitrations
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.
Arbitration, stopple, Principle of law,Extent of arbitration
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