Extensão da convenção de arbitragem a grupos societários

Abstract

Recognizing the importance of voluntary arbitration between companies and in commercial transactions, it is often the case that the parties resorting to arbitration are companies with a wide network of branches and subsidiaries. Given this context, it is urgent to understand whether it is possible to extend the arbitration agreement to a non-signatory of the same group in cases where there is an abusive use of the corporate legal personality or when a particular company has intervened significantly in the performance of the contract, deriving significant benefits from it. Thus, starting from the contractual nature of the arbitration agreement and its formal requirements, this dissertation aims to strike a balance between the contractual source and the relativity of arbitral jurisdiction with the practical needs of extending the arbitration agreement to groups of companies. To this end, we look at the various legal frameworks given to this issue - both internationally and nationally - by analyzing doctrine and case law. After this analysis, we came to the conclusion that the extension of the arbitration agreement to corporate groups is possible, but that the contractual nature and formal requirements of the arbitration agreement should be interpreted in a malleable way so that recourse to arbitration is a reality that is increasingly adjusted to the demands of the economic life of companies and practical needs.

Date of Award	9 Sept 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	André Almeida Martins (Supervisor)