A integração de terceiros em procedimentos arbitrais à luz da crescente complexidade dos negócios jurídicos comerciais

Abstract

This article seeks to analyze whether respect for the principles of party autonomy of will and freedom of contract in arbitration implies the granting of the power to choose with whom to arbitrate, in the context of integrating third parties into the procedure. To this end, the roots of the basic principles of arbitration - private autonomy, party autonomy, and freedom of contract - were analyzed, as were the institutional rules of nine national and international arbitration chambers, as well as international precedents on the subject. The main conclusion reached was that, in view of the growing complexity of commercial business - which implies that there are no commercial relationships and isolated parties, but rather an interconnection and dependence of relationships - the arbitration community no longer understands consent as the only determining or relevant circumstance to be analyzed in the process of joinder of third parties into arbitration proceedings