Commentary

17 The principles of separability and kompetenz-kompetenz

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

17 The principles of separability and kompetenz-kompetenz

| Commentary

17 The principles of separability and kompetenz-kompetenz

The principle of ‘separability’, ie that the parties’ arbitration agreement is separable from their wider contract, such that the invalidity of the wider contract does not necessarily entail the invalidity of the arbitration agreement, is enshrined in Section 7 of the Arbitration Act 1996. In the leading case on this issue, Fiona Trust & Holdings Corporation v Privalov, the House of Lords held that ‘the arbitration agreement can be invalidated only on a ground which relates to the arbitration agreement and is not merely a consequence of the invalidity of the main agreement’1.

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