Arbitration agreements—the doctrine of separability (England and Wales)

Published by a UU��ֱ�� Arbitration expert

Practice notes

Arbitration agreements—the doctrine of separability (England and Wales)

Published by a UU��ֱ�� Arbitration expert

Practice notes

This Practice Note considers the doctrine of separability under the law of England and Wales (England and English are used as shorthand throughout). This Practice Note should be read in conjunction with Practice Note: Separability of arbitration agreements in international arbitration, which considers the doctrine from an international perspective.

The doctrine of separability under English law

An arbitration agreement is to be treated as separate from the main agreement in which it is contained and, as such, survives the termination or invalidity of the main agreement—this is known as the ‘doctrine of separability’. The doctrine of separability is enshrined in English law pursuant to section 7 of the arbitration Act 1996 (AA 1996):

'Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement.'

The

Jurisdiction(s):

United Kingdom

Key definition:

Arbitration definition

What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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