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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.
Arbitration International – Oxford University Press
Published: Mar 6, 2023
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