The gray area between the relativity of contracts and the inclusion of non-signatory third parties in arbitration

Abstract

This paper aims to analyze whether the theories of extension of the effects of the arbitration clause to non-signatory third parties are opposite to the principle of contractual relativity. In order to reach an answer, a number of jurisprudence decisions have been analyzed in which it has been determined that it is possible to include a non-signatory third party to the arbitration process based on an implicit consent. In this way, I will try to prove that, based on the previous mentioned conducts, during and after the celebration of the arbitration agreement, arbitration can be accepted, even by a party that did not sign it, and also not causing a collision with the principle res inter alios acta. .