The extension of the arbitration agreement to non-signatory parties or to related contracts is henceforth a classic question in law and arbitration, mostly in international matter but not only. French case law is relatively in favor of extending the arbitration agreement; such extension is notably allowed thanks to a flexible way of interpreting the will of the parties, largely based on objective evidence. The period covered by this article is characterized by a large number of decisions, that offer a panorama of most of cases granting extension of the arbitration agreement to non-signatory parties, either when controlling the award, or when examining the question of jurisdiction at the first stage of the dispute, where the negative effect of the competence-competence must be combined with the criteria for extension.
Revue de l’arbitrage