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Choosing Spanish arbitration law to apply the group of companies doctrine

Choosing Spanish arbitration law to apply the group of companies doctrine This note revisits the status of the Group of Companies doctrine’s application under Spanish arbitration law. It starts with analysing the judgments in ThyssenKrupp AG et al. v Ros Casares Group to develop further questions yet left unresolved. Particularly, what is the scope of extending the effects of an international arbitration agreement and what is the state of party autonomy in regulating the application of the GoC-doctrine, for example, by expressly choosing the applicable law thereto. The latter will determine both the legal standard required to establish implied consent as well as the margin of discretion of decision-makers. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration International Oxford University Press

Choosing Spanish arbitration law to apply the group of companies doctrine

Arbitration International , Volume 39 (1): 14 – Mar 6, 2023

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Publisher
Oxford University Press
Copyright
© The Author(s) 2023. Published by Oxford University Press on behalf of the London Court of International Arbitration. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com
ISSN
0957-0411
eISSN
1875-8398
DOI
10.1093/arbint/aiad005
Publisher site
See Article on Publisher Site

Abstract

This note revisits the status of the Group of Companies doctrine’s application under Spanish arbitration law. It starts with analysing the judgments in ThyssenKrupp AG et al. v Ros Casares Group to develop further questions yet left unresolved. Particularly, what is the scope of extending the effects of an international arbitration agreement and what is the state of party autonomy in regulating the application of the GoC-doctrine, for example, by expressly choosing the applicable law thereto. The latter will determine both the legal standard required to establish implied consent as well as the margin of discretion of decision-makers.

Journal

Arbitration InternationalOxford University Press

Published: Mar 6, 2023

There are no references for this article.