In the context of dispute resolution, the principle that an arbitration ( www.practicallaw.com/4-107-6426) or jurisdiction agreement which forms part of a larger agreement is not itself invalidated merely by reason of the invalidity of the larger agreement. Separability is a principle of international arbitration law adopted in most New York Convention ( www.practicallaw.com/6-205-5196) countries. For example, in English arbitration law, the principle is given statutory force by section 7 of the Arbitration Act 1996 and in the US, case law at both the state and federal level confirms that arbitration agreements are separable from the main contract as a matter of state and federal law (see, for example, Prima Paint Corp v Conklin Mfg. Co., 388 U.S. 395 (1967)).
Separability is also expressly addressed in several institutional rules (such as the ICC Rules ( www.practicallaw.com/6-502-7911) , LCIA Rules ( www.practicallaw.com/2-502-7913) , AAA Rules ( www.practicallaw.com/7-505-1298) , and the UNCITRAL Arbitration Rules ( www.practicallaw.com/0-502-7805) ).
For more information, see Practice notes, Separability of arbitration agreements in international arbitration ( www.practicallaw.com/0-381-0021) and Jurisdictional issues in international arbitration ( www.practicallaw.com/2-382-1325) .