Question

According to the "Doctrine of Separability" if the main contract is found to be void:

• A. The arbitration clause remains valid and enforceable.
• B. The parties must move the case to a criminal court.
• C. The arbitration clause is automatically void as well.
• D. The arbitrator loses their power to charge fees.

Hint:

This doctrine is essential for the effectiveness of international arbitration because it prevents a party from "killing" the arbitration by merely claiming the contract never existed.

Answer 1

The Correct Option is A

Step 1: Understand the question.
Under the Doctrine of Separability, what happens to the arbitration clause if the main contract is void?

Step 2: Define the doctrine.
Separability treats the arbitration clause as a separate, independent agreement from the main contract that contains it.

Step 3: See why this matters.
If the clause died with the main contract, anyone could escape arbitration just by claiming the main contract is invalid. That would defeat the purpose of agreeing to arbitrate.

Step 4: Apply the doctrine.
Because the clause stands on its own, it survives even when the main contract is void. The tribunal can still decide the dispute, including the validity of the main contract.

Step 5: Eliminate the others.
The clause does not become void automatically, the case does not go to a criminal court, and the arbitrator's fees are not the issue.

Step 6: Conclude.
The arbitration clause remains valid and enforceable.

Answer: The arbitration clause remains valid and enforceable.