Arbitration & The Principle Of Separability

I. Introduction

An arbitration agreement has a life separate and distinct from the contract. The doctrine of separability¹ in essence postulates the independence of an arbitration clause from the underlying contract. In other words, the seperability of the arbitration clause from the underlying agreement is accepted as a principle that allows for arbitration proceedings related to an agreement whose validity is put into question. Some prominent scholars of international arbitration deem the concept of separability in arbitration both interesting in theory and useful in practice² while some underscore its need in situations, where a breach of contract or a claim that the contract was voidable would be sufficient to terminate the arbitration clause as the same could be entirely self defeating.³ Lew, Mistelis and Kröll emphasize the notion that the integrity of an agreement to arbitrate is protected by separability besides also upholding the parties intention to submit