Separability - Chapter 2 - Handbook on International Commercial Arbitration

Author(s):

Peter Ashford

Page Count:

2 pages

Media Description:

PDF from "Handbook on International Commercial Arbitration"

Published:

October, 2009

Jurisdictions:

International

Practice Areas:

Commercial Disputes,

Agreement to Arbitrate,

Existence and Validity of Agreement to Arbitrate,

Separability

Author Detail:

Peter Ashford is Solicitor of the Supreme Court and a Partner at Cripps Harries Hall LLP and is Head of the firm's Commercial Peter Ashford is a Partner and Head of commercial dispute resolution in the leading United Kingdom Firm of Cripps Harries Hall LLP, Tunbridge Wells, United Kingdom. Mr. Ashford advises on a wide range of commercial disputes with a particular emphasis on substantial commercial contract disputes, especially those involving an international aspect, partnership and LLP disputes, professional issues for solicitors and professional negligence. He is particularly experienced in complex, high value claims and acts for many international clients. He handles disputes in court, arbitration, mediation and disputes without any formal process. Mr. Ashford received his training in London and qualified in 1986. He joined Cripps Harries Hall LLP in 1987 and became a partner in 1991.

PDF38.25 KB

$40.00

Description:

Originally from Handbook on International Commercial Arbitration

Preview page

It is well established that the agreement to arbitrate, albeit typically a clause in the larger commercial agreement, is separate and distinct (or severable) from the contract in which it is contained and may survive the failure of the underlying contract. This will apply whether the main contract is avoided, a voidable contract is rescinded or the main contract discharged by performance, frustration or breach.

Section 7 of the English Arbitration Act 1996 provides:

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, nonexistent 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.