Separability - A Tale of Two Agreements

Ben Ring

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