The Possibility of Third-Party to Enter in Arbitration on the Base of UNCITRAL Rules and International Commercial Arbitration Law of Iran and Its Effect on Privacy and Confidentiality

With the expansion of social and legal relationships among people in the society, the conflict between the interests of them is raised, and the result of this is revealed in the various claims and multi-party cases. In the regulation of the procedure, the rights of third parties should be taken into account in order to allow the possibility to any person who may claim a right or interest in the dispute, in a transparent process. Multi-party cases in state courts have been identified, irrespective of the agreement of the parties concerned, but in arbitration because of free will of the parties as a main principal that governs on to the arbitration proceedings, the entry of third parties even if their interests were subject to arbitration, It was not possible without the consent of the parties, because privacy and confidentiality are the main features of arbitration and someone other than the parties to the arbitration not only could not be involved in the course of the proceedings as a party but could not even attend the hearing. This procedure was changed by adopting UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration, and third parties were allowed not only in litigation but also as a party to the dispute, and this changed the main features of arbitration.