THE ARBITRATION IN THE FAMILY BUSINESS GROUPS

Abstract

This work revolves around three contemporary institutions of Commercial Law that we intertwine here, in the light of what precisely happens in the reality of the market; we refer to business groups, family businesses and commercial arbitration. It happens that nowadays it can be seen with regular frequency that companies do not usually act in isolation, but they do so by forming groups of companies where we distinguish the parent company (which acts as a holding company) and the subsidiaries (which are sometimes matrices of other subsidiaries). On the other hand, many of these companies are family, and the distance between the family business and the business family must be marked for the proper functioning of the business. Finally, commercial arbitration has gained ground for the resolution of disputes concerning companies, including by statutory incorporation and being of special interest to business groups and family businesses. It follows that there are times when business groups are family business groups and they establish commercial arbitration as a mechanism for conflict resolution, thus landing on the subject of this paper: arbitration in business groups family members.