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NEWSLETTER 2013

192

companies, and the TCC answering to said increase with new provisions,

indicates the importance of this issue. Within this framework, the need

to follow a practice by taking into consideration the characteristics of

groups of companies and the importance of the parties’ intent to arbitrate

in the arbitration proceedings. On the other hand, generally, it is not

possible to conclude that the extension of the arbitration agreement to

third parties, more specifically to companies within the same group of

companies, is a widely accepted practice. Concerning this issue, it would

be preferable to conduct an analysis concerning the cases in which the

extension is possible, and reaching a definite conclusion with regard to

the cases where extension would be a far-reaching interpretation

12

. This

issue will remain within the realm of debate given the extensive group of

companies practice in the commercial arena.

12 

KÖŞGEROĞLU

, p. 6.