Extensão da cláusula compromissória em contratos coligados: análise doutrinária e jurisprudencial

Abstract

The purpose of this article is to provide an overview of the interpretation criteria used by national doctrine and jurisprudence regarding the possibility of extending the arbitration clause in linked contracts. Aspects related to the autonomy of the will in arbitration are analyzed, as well as hypotheses for expanding the arbitration agreement to non-signatory third parties, also presenting doctrinal and national Courts positions regarding the extension of the scope of the arbitration clause provided in only one of the related instruments. Thus, it is intended to demonstrate that the main criteria used to expand or restrict the arbitration pact, consist of verifying in the specific case the intensity of the link between the interconnected businesses, with an analysis of the degree of dependence on the obligations and rights existing in each contract vis-à-vis the contract single economic operation, in order to eventually justify the expansion of arbitration jurisdiction by the tacit consent of those involved. Arbitration; linked contracts; arbitration clause; extension; doctrine; jurisprudence.