Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

Separability of Arbitration Agreements: Doctrine, kompetenz-kompetenz, Model Law, national approaches and institutional rules

Published by a LexisNexis Arbitration expert

Practice notes

The doctrine of separability

This Practice Note examines the 'doctrine of separability' of Arbitration agreements in International arbitration.

The 'doctrine of separability' regards an agreement to arbitrate contained within a contract as an autonomous agreement, distinct from the main contract. The doctrine preserves the validity and enforceability of Arbitration as the parties' chosen mechanism for resolving Disputes, even if the principal contract is invalid and unenforceable. Consequently, the arbitration agreement may remain valid and enforceable, notwithstanding that the broader agreement in which it is set is itself held to be invalid and unenforceable. In effect, the parties are treated as having made two separate agreements, and the agreement to arbitrate is separable...

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Hendrik Puschmann

Trowers & Hamlins LLP

Hendrik is a Partner in Trowers & Hamlins' Commercial Disputes team and Co-Head of the International Arbitration group. Hendrik has nearly 20 years' experience advising clients on a wide range of complex and high-value disputes, both in arbitration and in court. He also acts as arbitrator and mediator, and as expert witness on English law in foreign proceedings. Hendrik has extensive experience in representing entrepreneurs, family offices, companies and governments in cases ranging across M&A, joint ventures, franchising, construction, engineering, insurance, shipping, commodities, art and cultural property and other fields. He has acted as party representative and arbitrator in both commercial and investor-state arbitrations under various rules, such as LCIA, ICC, VIAC, SIAC, DIS, LMAA, UNCITRAL, ICSID and the ICSID Additional Facility. He also assists clients with the enforcement, appeal, annulment, and injunction of arbitral awards and has given strategic advice to several...

Web page updated on 21/05/2026

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