Arbitraje comercial internacional y grupos de sociedades.
ISSN: 1989-4570
Year of publication: 2009
Volume: 1
Issue: 2
Pages: 5-29
Type: Article
More publications in: Cuadernos de derecho transnacional
Abstract
Within the framework of the companies of the group, the parties that have not signed the international contract often take part in its negotiation, execution and termination. When the aforementioned contract includes an arbitration clause, the question arises as to whether the clause would affect these non-signatories; that is to say, whether these parties are allowed to undertake legal proceedings or can have claims filed against them in court. According to the �group of companies� doctrine which is, in specific circumstances, widely accepted in arbitral and state practice, the effects of the arbitration agreement would extend to the non-signatories of the companies of the group even though they have not signed the contract in which the arbitration clause is written.