A Quest for Improvement: The Need for the Palestinian Law to Adopt Joinder and Intervention as a Right for Third Parties

Abstract This research will analyse the principles of joinder and intervention and how it is treated within the Palestinian legal systems. The focus will be on provisions that explicitly or implicitly affect third parties’ interests in an existing arbitration and analyse if adopting rules on joinder and intervention of third parties are wise, necessary and legally possible under current Palestinian laws. This research will construct recommendations for legal and judicial approaches the Palestinian Authority should adopt to overcome the disadvantages that may emerge when adopting joinder and intervention rules by presenting examples from other countries. This discussion is not meant to be theoretical but intends to highlight the laws of some of the more popular or innovative arbitral forums. Also, although limited, the analysis of this research will use case law when it is relevant and available. Finally, the research provides a model rule of law on joinder and intervention that aims to enhance the Palestinian Authority’s effectiveness and promote the use of arbitration to resolve disputes in Palestine.

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Publication Details

Journal
Arab Law Quarterly
Published
2025-05-29
DOI
https://doi.org/10.1163/15730255-bja10142
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

A Quest for Improvement: The Need for the Palestinian Law to Adopt Joinder and Intervention as a Right for Third Parties

Mohammad Adeb Abu Shehab
Arab Law Quarterly
International Law and Human Rights
article

A Quest for Improvement: The Need for the Palestinian Law to Adopt Joinder and Intervention as a Right for Third Parties

Mohammad Adeb Abu Shehab
article en

Abstract

Abstract This research will analyse the principles of joinder and intervention and how it is treated within the Palestinian legal systems. The focus will be on provisions that explicitly or implicitly affect third parties’ interests in an existing arbitration and analyse if adopting rules on joinder and intervention of third parties are wise, necessary and legally possible under current Palestinian laws. This research will construct recommendations for legal and judicial approaches the Palestinian Authority should adopt to overcome the disadvantages that may emerge when adopting joinder and intervention rules by presenting examples from other countries. This discussion is not meant to be theoretical but intends to highlight the laws of some of the more popular or innovative arbitral forums. Also, although limited, the analysis of this research will use case law when it is relevant and available. Finally, the research provides a model rule of law on joinder and intervention that aims to enhance the Palestinian Authority’s effectiveness and promote the use of arbitration to resolve disputes in Palestine.

Arab Law Quarterly
An-Najah National University (PS), Utrecht University (NL), Heidelberg University (DE)
Peace, Justice and strong institutions
Openalex Percentile: Top 86%
International Law and Human Rights
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