concept of separability

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..... erlying contract is one of the cornerstones of arbitration law. As Redfern and Hunter explain, an arbitration agreement is juridically independent from the underlying contract in which it is contained., Redfern and Hunter on International Arbitration (7th edn, Oxford University Press, 2023) 81 - The concept of separability reflects the presumptive intention of the parties to distinguish the underl .....

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..... over the validity of the contract; second, preventing an unwilling party from avoiding its earlier commitment by alleging the invalidity of the underlying contract; third, since the arbitration agreement and the underlying contract are considered as two separate agreements, the insufficiency in fulfilling formalities in the underlying contract would not result in the invalidity of the arbitration .....

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