The Concept, Effects, and Legal Rules Governing the Extension of Arbitration Clauses in Corporate Groups
Keywords:
Arbitration clause, extension of arbitration clause, extension of arbitration clause to third parties, corporate groups, Iranian lawAbstract
One of the significant and noteworthy issues in arbitration law is the possibility or impossibility of extending an arbitration clause to third parties within a group of commercial companies. Acceptance of this doctrine constitutes an important step toward enhancing efficiency and justice in the resolution of commercial disputes within such companies, which are characterized by complex relationships. It not only reduces litigation costs and the duration of proceedings, but also creates greater coherence and transparency in the arbitration process and, by preserving consistency and institutional unity, prevents contradictory judicial decisions and enforcement-related difficulties. Nevertheless, the approach of Iranian law toward this matter has not been expressly and clearly determined, and legal analyses in this regard remain the subject of substantial disagreement among jurists. The present study aims to examine the concept, theoretical foundations, effects, and legal rules governing the extension of arbitration clauses to third parties within corporate groups, while also analyzing the approach adopted by Iranian law in this respect.
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