Application of the stoppel for the extension of the arbitration agreement to non- signatory parties in Bolivia

Abstract

Due to the complexity of legal relation, it has been possible to evidence that, sometimes, a party that has not signed the arbitration agreement, through its own acts, has granted its consent. Likewise, it is possible that new actors may be incorporated during the contractual relationship. Because of this reason, the doctrine has developed justification theories that recognize that the arbitration agreement may be extended exceptionally to non-signatory parties. One of these is the theory of stoppel, which includes implicit consent and good faith. Peru is one of the countries that have adopted this theory in its Arbitration Law. In this regard, although Bolivia recognizes implicit consent, its scope in arbitration matters has not been determined, nor is this theory explicity recognized in the Conciliation and Arbitration Law. For this reason, an analysis was made and the conditions of legal compatibility between both countries were established in order to determine the scope and criteria that must be considered to adopt this theory in our country, in order to avoid its incorrect application that would cause a violation to the legal security of the parties.