The Group of Companies Doctrine and the Law Applicable to the Arbitration Agreement
Article from: TDM 3 (2004), in Arbitration - General Issues
Introduction
It is generally accepted in international arbitration that circumstances may arise in which a party who has not signed an arbitration agreement nonetheless may take advantage of it or be bound by it. In particular, a non-signatory company may benefit from or be bound by an arbitration agreement signed by another company within the group to which it belongs. This is usually referred to as the "group of companies" doctrine. The decision of an international arbitral tribunal to join one or more non-signatory companies to the arbitral proceedings and/or to award damages to ...