الأرتباط بالخصومة التحكيمية في أطار القانون الدولي الخاص (دراسة مقارنة)

THE Relationship to Arbitration disputes within the framework of private international law (A Comparative study)

Abstract

The connection expresses the existence of a close link between claims or requests, and this requires the unification of treatment, solutions, and effects for reasons of connection. This connection between rights and substantive positions is what justifies their consolidation and the unification of the entity that examines them. This makes the benefit of the connected positions achieve an interest seen by the law, the parties, or the nature of the disputed right, and does not raise problems in the future related to implementation or the scope of the res judicata. It has become common to carry out major economic operations through a group of contracts that vary in nature and importance and are called (the contractual group) We encounter these contractual groups at the level of international projects and domestic transactions, even if they differ in their scope and objectives. At the domestic level, the individual project manager is linked to a group of contracts with the producers of the components of the product he produces, with distributors and advertising officials At the international level, large companies conclude a contemporaneous or successive group of subcontracts or contracts affiliated with the main contract, in implementation of it, such as contracts concluded between the employer and the main contractor and contracts concluded by the latter with a subcontractor, or the ship owner leasing the ship to A tenant and the latter’s leasing it to another tenant. Thus, these contracts are based on a connection in terms of persons, subject matter, or cause. Their existence raises numerous problems, starting with the possibility of one party recourse against another party with whom they have no direct contractual relationship; extending to the possibility of exempting the original debtor from obligation when a third party intervenes in the contract; and ending with the possibility of combining related claims, introducing a new opponent who was not a party to the arbitration agreement, or accepting their intervention in proceedings before arbitration tribunals. The party is no longer what it was according to traditional, narrow jurisprudence, but has begun to include third parties as a result of the concept of connection. The dispute over the description of a party lies in the timing that must be present: whether it is at the time of the formation of the contract, or someone who became a party later due to their contribution to the implementation of the contract, or who issued a valid consent to the arbitration condition, but a unilateral consent that was not shared by the original party signing the contract, or the contract was referred to them by one of the contracting parties without the acceptance or knowledge of the other contracting party. Connection plays a role even after the issuance of the arbitration award, as it expands its scope beyond its original scope. It may be a reason for extending the appeal and violating the principle of relativity in terms of persons and extension. The invalidity of the other parts of the ruling if there is an inseparable connection between them. Hence, it appears that the idea of connection has a procedural impact on the various stages of the arbitration case, and this is what prompted us to research this issue.