Joining Non-Signatory Third Parties to Arbitration Agreement with Particular Reference to Construction Disputes: Comparative Study Between England and Jordan (Lessons to Learn)




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De Montfort University


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Peer reviewed


This thesis conducts a comprehensive analysis of the regulations pertaining to the participation of third parties in arbitration proceedings as outlined in the Jordanian Arbitration Law No. 31 of 2001 and its subsequent amendment No. 16 of 2018. The objective of this research is to conduct a thorough evaluation of the intricacies and difficulties related to the enforcement of arbitration agreements on parties that have not signed them. This is a highly delicate and controversial matter within the present context of international arbitration. The research methodology employed in this thesis encompasses a thorough examination of comparative law and a doctrinal legal approach, drawing upon a diverse range of primary and secondary sources. Furthermore, this thesis examines the English and Welsh Arbitration Act 1996 (AA 1996) as a comparative framework in order to identify potential approaches for Jordan to tackle the problem of non-signatory third-party participation in arbitration proceedings and effectively navigate around the doctrine of privity. In order to address these challenges, the thesis proposes the modification of the current national legislation, particularly the Arbitration Law of 2001. The proposed amendment seeks to explicitly acknowledge the possibility of third parties being obligated by arbitration agreements and engaging in the arbitration process, drawing inspiration from section 82(2) of the AA 1996. The proposed amendment aims to optimise the efficiency and efficacy of arbitration as a method of resolving disputes in Jordan. In summary, this thesis constitutes a noteworthy addition to the realm of international arbitration and dispute resolution. The thesis not only presents significant observations regarding the difficulties and intricacies of third-party engagement in arbitration within the context of Jordan, but also puts forth practical suggestions for enhancing the effectiveness of arbitration as a means of resolving disputes that involve multiple parties across different legal jurisdictions. Given the similarities observed in the legal systems of Middle Eastern nations, it is plausible that the outcomes of this thesis could have broader implications beyond the specific context of Jordan. The primary objective of this thesis is to enhance the overall comprehension of third-party arbitration and make a valuable contribution to the advancement of more efficient and effective methods in the field of international arbitration.





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