dissertation is based on third party rights in arbitration espacially in reference to Dallah case.
“EXTENSION OF THE ARBITRATION CLAUSE TO THIRD PARTIES”
Arbitration clause exhibits the existence of a specific agreement between the two parties to a
contract to subject the disputes arising out of the contract to arbitration. It’s an agreement of it’s
own and can be severed from the original contract. However, what is important to be seen here is
the fact that whether a 3rd party, who is an alien to the contract and has not been recognized as a
party in the contract can be bound by the arbitration clause in the contract. For instance, if a
subsidiary company enters into a contract with another company, but the duties which need to be
performed under the contract by the subsidiary company are instead performed by the parent
company of the subsidiary. In this scenario, even though the parent company was not a party to
the contract, can they...