An Attempt to Extend the Scope of the Arbitration Agreement to Third Parties in Terms of the Corporate Group Doctrine

From the point of view of the traditional rules, especially the national laws, where the legal personality of the shareholders is independent of the company and as a result of the legal obligations of one of them does not affect the other, the association and cooperation of two or more specific companies can not lead to the extension and generalization of the responsibility of one of the members The group is on the other. However, arbitration rights aiming at gaining independence, seeks to exclude a group of companies without requiring the assumption of an independent legal personality as a set that affects one member's commitment to other members of the group. This can be achieved in two ways: first, by trying to extract tacit consent from non-arbitrators to the arbitration agreement; secondly, by relying on their effective role in concluding, implementing and terminating it. The basis of the first is nothing but the retelling of the old rule of contract law and the principle of its relative nature, while the second basis is the same as the contractual right to pursue.