If the Paris Court of Appeal embarks on this path and decides to apply French substantive rules, the two judgments may be incompatible. French case law suggests that an arbitration agreement may extend to all companies in a group, including those that are not signatories.12 The parties to this contract (agreement) agree to be bound by the arbitration agreement contained in the statutes of the legal person [the name used in the contract for the corresponding legal person must be indicated]. which provides for the settlement of all disputes arising from the claims of the participants of the legal person and the legal relations of the legal person with third parties, including disputes relating to the declaration of transactions as invalid and/or the application of the consequences of the invalidation of transactions, before the International Arbitral Tribunal for Trade at the Chamber of Commerce and Industry of the Russian Federation, in accordance with its Rules and Rules. The Supreme Court challenged the existence of a violation of procedural rights and therefore dismissed the application for annulment of the arbitral award. He also denied any breach of public policy because of the alleged situation of coercion in the conciliation agreement. The only disadvantage that Group 1 would have suffered by not participating in the arbitration agreement would have been its inability to participate in the arbitration. However, this was only an unfavourable legal situation, not a situation of coercion. Since scientists disagree on the characterization of authority, court decisions and arbitral awards on the power to enter into an arbitration agreement also do not provide an explicit argument in favor of this characterization. However, it is possible to establish a classification that differs from the conclusions of these decisions.8) Opinions also differ in international arbitration practice. According to some, the written condition, as provided by the New York Convention for an arbitration agreement, applies only to the arbitration agreement and not to the specific authorization.4) Andreas Reiner, „The Form of the Agent`s Power to Sign an Arbitration Agreement and Article II(2) of the New York Convention”, ICCA Congress Series No: 9, 1998, p.
90; Gary Born, International Commercial Arbitration, Kluwer Law International, 2014, p. 663. There is a contrary view that the written training requirement of the New York Convention should be extended to empowerment.5)For scientists, see Reiner, p. 83, fn. 8 and p. 84, fn. 12. The third view on this subject confirms that the non-regulation of this issue must not be interpreted in the New York Convention in such a way as not to require any form of authorisation. For this reason, approval should be determined by national laws that may require certain methods of approval.6)Jean François Poudret / Sebastien Besson, Comparative Law of International Arbitration, translated by Stephen V. Berti and Annette Ponti, 2nd edition, Sweet & Maxwell, London 2007, p. 236.
If the legal person becomes aware of a claim, claim or claim falling within the scope of this Arbitration Agreement but which is raised before a State court, the legal person shall be obliged to raise objections to the case before a national court, at the latest when the legal person makes its first claim concerning the merits of the dispute. . . .