Volume 20, Issue 4 (2016)
CLR 2016, 20(4): 109-132 |
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Kashkooli R, Sadeghi M, Shahbazinia M, Azizi E. Expansion of the Scope of Arbitration Clause Based on Presumed Consent. CLR 2016; 20 (4) :109-132
URL: http://clr.modares.ac.ir/article-20-6449-en.html
URL: http://clr.modares.ac.ir/article-20-6449-en.html
1- Ph.D, student, Faculty of Law, Department of Private Law, Tarbiat Modares University, Tehran, Iran
2- 2. Associate Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
3- Associate Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
4- Assistant Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
2- 2. Associate Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
3- Associate Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
4- Assistant Professor, Faculty of Law, Department of Privat Law, Tarbiat Modares University, Tehran, Iran.
Abstract: (9213 Views)
Arbitration is an agreement. The arbitration agreement determines who can be as plaintiff or defendant. Development of an arbitration clause to the third parties is in conflict with its nature. Foundations widen the scope of the arbitration clause with regard to international arbitration practice, and the literature can be divided into two types. The first category includes items that, by ignoring the legal entity's parent company, shareholders or its subsidiary companies, can be arbitral tribunal parties, or by ignoring independent legal entity owned and controlled by parent company. In the next category, by finding signs of the issues raised by the consent of a third party, we can be expand the scope of an arbitration clause based on presumed consent.Agents, Estoppels and group of companies’ theory as a basis for extension based on presumed consent have been raised.
Received: 2016/06/5 | Accepted: 2017/01/22 | Published: 2017/02/19
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