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IT
Who is bound by arbitration agreements in the Americas?
['Anthony B Ullman', 'Anna Isernia', 'View Full Biography', 'David Samuels', 'Robert J C Deane', 'Craig R Chiasson', 'Paige Burnham', 'Luis Asali', 'Santiago Escobar', 'Bernardo De Llaca']
Global Arbitration Review
Accordingly, the arbitration clause agreed with the claimant (ie, Telcel) by the absorbed company could be effectively invoked by the absorbing company.
In Colombia, the issue of binding nonsignatory parties to arbitration agreements has recently been addressed, particularly in corporate disputes.
NicaraguaIn Nicaragua, arbitration legislation does not expressly regulate the doctrine of whether a person or entity may be bound by an arbitration agreement despite never having signed it.
Under certain circumstances, such active involvement could serve as grounds for considering both entities bound by the arbitration agreement.
Others have allowed a third-party beneficiary of the contract generally (not the arbitration clause specifically) to enforce the arbitration provision.