6.2. The theory of the corporate group
Another situation which has given rise to intense debate is that where several parties…
In this kind of situation, the other party will be inclined to bring the action also…
A classic example of the so-called «group of companies doctrine»…
In this case two companies of the Dow Chemical group entered into distribution contracts…
The defendants claimed that the arbitral tribunal lacked jurisdiction because they…
«Considérant, en particulier, que la clause compromissoire expressément acceptée…
This theory, confirmed by subsequent case law is based on the existence of a tacit intent of the non-signatory company to be a party to the relevant contract…
When, on the other hand, the (non-signatory) company belonging to the group is not…
However, there remains a grey area for situations where the involvement of the parent…
Thus, French jurisprudence has, in some cases, extended the group of companies theory…
An example of this last trend is the following case, decided by the Swiss Federal…
In the context of intra-group relations, also the theory of «piercing the corporate…
In these cases the justification for extending the liability to the non-signatory…
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