CEU eTD Collection (2012); Kombikova, Anna: EXTENSION OF THE ARBITRATION AGREEMENT TO THIRD PARTIES BASED ON THE 'GROUP OF COMPANIES' AND 'PIERCING THE CORPORATE VEIL' DOCTRINES

CEU Electronic Theses and Dissertations, 2012
Author Kombikova, Anna
Title EXTENSION OF THE ARBITRATION AGREEMENT TO THIRD PARTIES BASED ON THE 'GROUP OF COMPANIES' AND 'PIERCING THE CORPORATE VEIL' DOCTRINES
Summary This thesis analyzes and compares the two doctrines applied in international commercial arbitration with the purpose to extend arbitration agreements to third parties, namely the 'group of companies' and 'piercing of the corporate veil' doctrines. Given the lack of a unified approach to the definition of the scope and conditions of application of these doctrines, which allegedly leads to their confusion and frequent misuse, this thesis, first and foremost, aims at clarifying the scope of the doctrines and conditions under which they can be applied. The thesis further compares the 'group of companies' and 'piercing of the corporate veil' doctrines with the purpose to prove that there are significant differences between the two, which has to be taken into account by the lawyers wishing to apply the doctrines in practice. Taken in whole, the present study is expected to improve the usage of both doctrines in the context of extension of arbitration agreements to third parties.
Supervisor Tibor Várady
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2012/kombikova_anna.pdf

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