- Separability of arbitration agreements (National Iranian Oil Company v Crescent Petroleum)
- Practical implications
- The doctrine of separability
- Public policy
- What was the background to the application?
- Was the issue of separability governed by English law?
- Would the court strike out the award for being contrary to English public policy?
- Court details
Arbitration analysis: Mr Justice Burton in the Commercial Court dismissed applications pursuant to sections 67 (substantive jurisdiction) and 68 (serious irregularity) of the Arbitration Act 1996 (AA 1996) to set aside an award on jurisdiction and the merits arising out of a gas supply and purchase agreement dispute. In so doing, Burton J considered several issues including the separability of an arbitration clause and setting aside arbitral awards on grounds of public policy. The decision is of interest to practitioners due to the court’s consideration of those issues.
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