Group of companies’ doctrine Sample Clauses

Group of companies’ doctrine. This doctrine allows a non-signatory company to benefit from or be bound by an arbitration agreement signed by another company within the same group. The analysis focuses on the relations and dealings between separate corporate entities within the group and their respective roles in the conclusion, performance and termination of the relevant contract.58 In the practice it has been noticed that these theories overlap. By establishing big corporations, consortiums or international entities parties are engaged in various relation with other parties, though it is inevitable that theories mention above overlaps. Most scholarly discussions address joinder of non-signatories with some reference to the so-called “group of companies” doctrine, elaborated almost a quarter century ago in France.59 In the prototype case, Dow Chemical v. Isover St. Gobain,60 an American parent (Dow USA) and its 57 InterGen, NV v. Grina, 344 F. 3d 134 (1 st Cir. 2003); Bridas S.A.P.I.C v. Government of Turkmenistan, 345 F3d 347, 359 (5th Cir. 2003); Long v. Silver, 248 F.3d 309 (4th Cir. 2001). 58 This principle originates from France and it is not widely excepted in the world.
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