DISREGARD OF LEGAL ENTITY AND ARBITRATION: AN ANALYSIS OF THE EXTENSION OF THE ARBITRATION CLAUSE TO NON-SIGNATORY PARTIES

Abstract

This study aims to analyze the applicability of the disregard of legal entity in arbitration, based on theories regarding the extension of the arbitration clause to nonsignatory parties. Instead of the part of the doctrine’s and the Brazilian’s Superior Court (STJ) positions, it is believed that it is not possible to use the theories of implied consent and group of companies, in order to justify the possibility of disregarding the principle of patrimonial separation in an arbitral proceeding.

Keywords

• lifting of corporate veil
• arbitration
• arbitration clause
• autonomy of will
• arbitration procedure