A desconsideração da personalidade jurídica no procedimento arbitral

Abstract

The disregard of the legal entity is an institute capable of binding third parties to lawsuits in which, originally, they were not parties. On the other hand, the arbitration agreement may have a larger subjective scope than the one that is conferred to it by the agreement in which it operates. There are often when those who have not expressly adhered to the arbitration agreement are subject to it, the fact that does not contradict the autonomy of the will, nor the consent of the arbitration. This is because, despite not having formally consented to remove state jurisdiction, nothing prevents them from doing so tacitly, because there are cases in which a party expresses its option for arbitration through its behavior. Thus, non-signatories may be parties to the arbitration agreement. Arbitration practice has identified some situations that often place arbitrageur in the task of determining whether there is consent on the part of nonsignatories, such as: the existence of a group of companies; estoppel (or theory of proper acts); stipulation in favor of a third party; and, in particular, the forced binding of non-signatories, notably, the possibility of disregarding the legal entity of a party in the course of an arbitration proceeding. The subjective limits of the arbitration agreement have been the subject of study in the arbitration environment for a long time, but it has not been many years since the issue began to be debated in Brazil