The Appropriate Existence of the Third Non-signatory Party in the International Commercial Arbitration

Abstract: Arbitration is an agreement between the contractual parties. Without this agreement, the parties cannot handle the disputes to the arbitral tribunal. However, it always happens when the third non-signatory is involved into the contract which includes an arbitration term, the question arising from whether the non-signatory party could be compelled to the arbitration. This article thus attempts to answer the core research question. The obstacles from the characteristics of arbitration which includes party autonomy, contractual by nature and confidentiality for the non-signatory to be involved will be described. In the second part, the existence of the involvement in both national and international laws will be analyzed. The last part is intended to present the appropriate existence of this involvement.