(Portugal) Supreme Court of Justice | Extension of the Arbitration Agreement | Group of Companies | 15-01-2019 | Case #087

Supreme Court of Justice

Date: 15-01-2019

Case Nr. 28/14.3TBOHP.C1.S1

LINK DGSI

 

Headline:

An arbitration agreement may be extended to non-signatory parties that belng to the same group of companies 

Summary:

According to Arts. 406, nr. 2 and 217, nr. 1 of the Portuguese Civil Code, the circumstance that one of the petitioners (a company member of the group of companies of the other petitioner) and one of the defendants (a company member of the group of companies of the other defendant) did not sign the framework agreement on which the petitioners based their claim against the defendants, does not bar the extension of the arbitration agreement inserted in that framework agreement to those non-signatory companies, based on their implied consent.