Separability - A Tale of Two Agreements
Ben ing
April 2002
A paper based on the second prize winning entry in the Hudson Prize
Competition 2001 presented to the Society of Construction Law in London
on 9th April 2002.
The paper looks at how the UNCITAL ules and the law of England and
the US have sought to protect the doctrine of separability (that the validity
of an arbitration clause does not depend upon the validity of the rest
102: Separability - A Tale of Two Agreements
Ben ing
April 2002
A paper based on the second prize winning entry in the Hudson Prize
Competition 2001 presented to the Society of Construction Law in London
on 9th April 2002.
The paper looks at how the UNCITAL ules and the law of England and
the US have sought to protect the doctrine of separability (that the validity
of an arbitration clause does not depend upon the validity of the rest
of the contract) and how courts have interpreted the provisions.
Introduction - The concept of 'separability' -
The scope of the arbitration agreement - The UNCITAL Arbitration
ules - Other arbitration rules - English law - Other
jurisdictions - Conclusion.
The author: Ben ing is an Associate with Linklaters & Alliance,
solicitors in Hong Kong and specialises in construction and engineering
disputes.
Text 14 pages.
PDF file size: 234k