Supreme Court of Justice (Portugal) | Extension of the Arbitration Agreement to Non-Signatories | Group of Companies Doctrine | 08-09-2011 | Case #077

Supreme Court of Justice
Date: 08-09-2011
Case Nr. 3539/08.6TVLSB.LL.S1
LINK DGSI

Headline:

In principle, the arbitration agreement binds only the contracting parties but may be enforced against or by an assignee of a contract

 

Summary:

1. In principle, an arbitration agreement contained in a contract only binds the contracting parties.

2. However, and in accordance with the general principles of contracts, it may be enforced by or against an assignee of the contract containing that arbitration agreement.

3. It does not meet this requirement the notification of a party that the invoices arising from that contract ought to be sent to a third party.

4. The notice for the initiation of an arbitration and the constitution of the arbitral tribunal made by one of the contracting parties to the others and also to a third party, does not entail the conclusion that the arbitration agreement may be enforced against this latter.