Abstract
This article examines the impact of corporate mergers, divisions, and conversions on the arbitration clause from a legal perspective. Arbitration, as an alternative dispute resolution method, must maintain validity and stability similar to official judicial authorities. With the expansion of commercial activities and societal development, the need to align legal rules with contemporary demands has increased, prompting commercial entities to adopt strategies such as mergers and conversions to survive and enhance competitiveness. These changes can have extensive legal effects on companies' obligations and agreements with contract parties, also influencing arbitration. Thus, the primary focus of this research is to examine the status of the arbitration clause following a merger, division, or conversion of a company and the possibility of its continuation or termination. This study, through analyzing legal principles and existing perspectives, demonstrates that arbitration, as a binding agreement governed by the principle of contract necessity and freedom, can be transferred to the new company upon changes in corporate legal personality, unless explicitly stated otherwise in the contract. Additionally, as a contractual clause, arbitration does not directly depend on the parties' personal identity and should extend to the new contracting party. Supported by the principles of contract stability and commercial security, this analysis advocates for the transfer of arbitration clauses to new companies within merger and conversion processes.
Keywords: Arbitration clause, merger and division of commercial companies, judiciary cession, arbitration stability, Subrogation.