ARBITRAL CLAUSES IN GROUPS OF CONTRACTS

THE RATIONE PERSONAE EXTENTION'S DILEMMA

Abstract

The purpose of this paper is to analyze the subjective scope of the arbitration clause in groups of contracts, as a consequential analysis of the objective extension of the commitment. First, the institution of groups of contracts is described, conceptualizing the common economic purpose as the essential element of this figure and the ways of identifying it (I). Next, the objective extension of the arbitration clause in the context of linked contracts is addressed, observing the characterization of the common economic purpose and the connection between the contracts that has been appreciated by the relevant case law in this area (II). After that, the subjective extension of the clause is dealt with, as a consequential problem of the objective extension of the clause (IV). As will be seen, in some cases the justification for the subjective extension of arbitration clauses in groups of contracts seems to have been overlooked. A general outline is presented in the light of the conclusions of the paper.