La conexidad contractual y sus efectos sobre la extensión del pacto arbitral a los vinculados no signatarios

Abstract

The contractual relatedness phenomenon according to Cristina Armella (2015) is composed by two essential elements: the contractual plurality and the common economic purpose. This phenomenon suggests a series of questions regarding how the contracts should be studied and interpreted. This has generated particular controversy about the possibility of extending the effects of the arbitral pact to non-signatory subjects, by virtue of the global economic operation, non-signatory subjects are linked to the contracts group. Wiling to answer the previous questions, this study takes as a starting point the necessary reference of the notion of the contract relative effects, in order to conclude that the phenomenon of the contractual relatedness is an exception to the principle. In addition, we hold that the postulate of the good of faith, the theory of the own acts and the principle of the effective judicial guardianship, could be taken as valid criteria which seeks to give operability to the extension of the arbitral pact. Understanding that what is pretended is to avoid contradictory decisions in the same case, which would become nugatory the arbitration, and could frustrate the expectations of the execution of the arbitrator´s award.