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What is the principal of separability of arbitration clauses and how is it applied?

Asked by Uchenna Kalu

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Answers (1)

EA

Etaba Agbor

Nov 19 2021

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The principle of separability of arbitration clauses states that arbitration clauses should be considered separately from the contract in which such a clause is contained. It seeks to ensure that in the event where there is an element in the contract that will vitiate the contract, same shall not affect the arbitration clause. This is contemplated in Section 12(2) of the Arbitration and Conciliation Act of 1998.

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