PIL.OTv0.59.0
The article examines the doctrine of separability, particularly as understood in the English legal tradition.
Using the Sulamérica and ENKA decisions, it considers the doctrine’s relevance to determining the law applicable to an arbitration agreement and the English approach linking it to enforcement of that agreement.
The role of the separability of an arbitration agreement from the underlying contract in determining the law applicable to that agreement.
International and Comparative Law Quarterly · 2023
DOI 10.1017/s0020589323000131