Who is bound by an arbitration agreement they never signed? Björn will look at this question from a German civil law perspective.
Under German law, consent is the cornerstone of arbitration. A non-signatory is generally bound only through established private-law mechanisms such as agency, legal succession (including assignment and universal succession), or contracts in favor of third parties. German courts have been reluctant to adopt broader theories like the "group of companies" doctrine. Björn will contrast this restrictive approach with French law, where courts have focused on the parties' common intention and on a non-signatory's involvement in negotiating and performing the contract.
He will also explain how German courts handle multi-party disputes, with a focus on corporate disputes. This includes the requirements the Federal Court of Justice has developed for shareholder disputes to be arbitrable and Act to Modernise the Law on Partnerships.
Björn will close with practical takeaways for drafting arbitration clauses in complex, multi-party transactions.
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