A comparative study of the jurisprudence governing the extension of arbitration to non-signatories in some EU countries and Iranian law

After concluding an arbitration agreement or arbitration clause, one of the issues that can be raised is who is the appropriate party to the agreement and a third party who is not a party to the contract or the so-called "signatory" of the agreement or arbitration agreement, may be required to arbitrate. Or not. The purpose of this article is to analyze this issue with analytical and descriptive methods and to express different legal systems and legal teachings in the judicial fields in this field. In the meantime, some courts or arbitral tribunals, citing a set of principles in this area, consider the agreement of the parties on arbitration to be generalizable to a third party and believe that a new principle of international commercial arbitration has emerged. What will be considered in this article is the study of the law of some EU countries (France, Britain, Switzerland, USA, Spain, Sweden) and the law of Iran in this field. While in international law this seems to have been accepted on the basis of numerous legal documents; There are conflicting opinions in Iranian law in this area and there is no single procedure in this regard. It seems that in many European systems, the condition of arbitration has been accepted, which is still a matter of doubt in Iranian law.