Reflexões acerca da extensão de convenção arbitral à terceiro não signatário: uma análise em relação ao grupo econômico

Abstract

The subjective limits of the Arbitration clause have been the subject of studies of Arbitration doctrine, since the need that affect’s the Law to antecipate the modernizations of legal daily life, that brought new complex relations for analysis was perceived. Business relations for some time have become increasingly complex, leading companies to get concentrate into gorups of companies. The business concentration creates certain challenges for the Arbitration convention, when determining who expressed the unequivocal desire to be part of the Arbitration procedure, since the unitary organizations and economic unity of group of companies are issues that make it difficult to know who are the aprties and the interested in the legal business. This study analyzes the possibilities of subjective extensions of arbitrations clause and its relationship with groups of companies. promoting a passage through different notions and theories that allow the subjective extension of the arbitration clause to third parties, taking into account the most important and basic principle that is the very foundation of arbitration in Brazil: the unequivocal expression of the will of the parties as a way to link some society.