PIL.OT / DEVELOPMENT
The Separability Doctrine: The Law Applicable to an Arbitration Agreement
Development summary
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.
Open original publication Sense and Separability
Research note
Issue
The role of the separability of an arbitration agreement from the underlying contract in determining the law applicable to that agreement.
Concepts
Academic details
“SENSE AND SEPARABILITY”
International and Comparative Law Quarterly · 2023
DOI 10.1017/s0020589323000131
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