Arbitration agreements—the doctrine of separability (England and Wales)


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Arbitration expert
Practice notes

Arbitration agreements—the doctrine of separability (England and Wales)


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Arbitration expert

Practice notes
imgtext

This Practice Note considers the doctrine of separability under the law of England and Wales (England and English are used as shorthand throughout). This Practice Note should be read in conjunction with Practice Note: Separability of arbitration agreements in international arbitration, which considers the doctrine from an international perspective.

The doctrine of separability under English law

An arbitration agreement is to be treated as separate from the main agreement in which it is contained and, as such, survives the termination or invalidity of the main agreement—this is known as the ‘doctrine of separability’. The doctrine of separability is enshrined in English law pursuant to section 7 of the arbitration Act 1996 (AA 1996):

'Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement.'

The

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

Read more

Popular documents

The seat of the arbitration

The seat of the arbitrationThis Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern Ireland (England and English are used as shorthand throughout). Practice Note: Choosing the seat of arbitration may also be of

Institutional arbitration—an introduction to the key features of institutional arbitration

Institutional arbitration—an introduction to the key features of institutional arbitrationWhat is institutional arbitration?An institutional arbitration is one that is administered by an institution agreed upon by the parties and conducted in accordance with that institution’s arbitration rules.

AA 1996—challenging and appealing arbitral awards in the English court

AA 1996—challenging and appealing arbitral awards in the English courtGrounds of challenge or appeal against arbitration awardsAn arbitral award can be challenged or appealed under the Arbitration Act 1996 (AA 1996) only on limited grounds; this is consistent with the Act’s overall purpose to ensure

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)This Practice Note considers the procedural law of arbitration proceedings and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the