La “extensión” del convenio arbitral: el enfoque desde el derecho contractual

This paper addresses the phenomenon of the “extension” of the arbitration agreement from a civil law perspective. Specifically, it takes the identification rules of contractual parties as a basis for determining who can be included in arbitration even without having signed (or otherwise expressly stated their willingness to participate in) the arbitration agreement. In the authors’ opinion, these rules apply to the identification of an “arbitration party” because the agreement is a negotium juridicum (the German “Rechtsgeschäft”) that creates legal situations that are interdependent with those created by the base contract (which regulates the legal interests that will be discussed in arbitration).