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.