However, in the Thai judgment above, it was held that the approach, which focuses on the nature of the relationship between the party whose addition is requested and the arbitration agreement or the relevant dispute, and which is based on the scope of the holding of the company's shares and the involvement of the shareholder in the management of the company, is inconsistent with the "source of justification for the third circle of expansion", which is the "consent of the parties", and even "erodes" the status of the principle of separate legal personality. And that "... Where a party has not signed an arbitration agreement, section 6 of the Companies Law cannot provide relief to the party seeking to join the proceeding."
- However, it was emphasized in the Thai judgment above, as a solution to the concern that the legal personality will be exploited for the purpose of evading arbitration, that to the extent that " There are indications of personal consent on the part of the party who did not sign the arbitration agreement, adding it to the proceeding can be done by virtue of the first circle", and therefore it is proposed "carefully examine and exhaust the alleged indications of the existence of that consent, which may be explicit or implied".
This is the situation in our case.
In addition to Mr. Ofri's being "... the sole shareholder of Poly-Bit in the chain", as determined by the Honorable Registrar, even though they were registered in the name of his children, and being the party behind the merger transaction, behind the three agreements made in the name of his children, respondents 2-4, and also behind the Ofek company to which the shares of Polybit were transferred, especially since he was the one who signed, as stated, himself the three agreements made in the name of his children, and the documents sent to the parent company in Australia, And he also declares specifically in the response of respondents 2-4 to the application for appointment - it should be deduced from all the relevant circumstances that Polybit agreed to apply the terms of the three agreements, including the arbitration clause, to it.