Book contents
- International Arbitration: Three Salient Problems
- Recent Books in the Hersch Lauterpacht Memorial Lecture Series
- International Arbitration
- Copyright page
- Contents
- Preface to the Second Edition
- Cases
- I The Severability of the Arbitration Agreement
- II Denial of Justice, and Other Breaches of International Law, by Governmental Negation of Arbitration
- III The Authority of Truncated International Arbitral Tribunals
- Index
I - The Severability of the Arbitration Agreement
Published online by Cambridge University Press: 09 January 2020
Book contents
- International Arbitration: Three Salient Problems
- Recent Books in the Hersch Lauterpacht Memorial Lecture Series
- International Arbitration
- Copyright page
- Contents
- Preface to the Second Edition
- Cases
- I The Severability of the Arbitration Agreement
- II Denial of Justice, and Other Breaches of International Law, by Governmental Negation of Arbitration
- III The Authority of Truncated International Arbitral Tribunals
- Index
Summary
The severability of the arbitration agreement, a cornerstone principle of international arbitration that is considered in the first chapter of this book, is more firmly established now than it was three decades ago. Yet respondents still from time to time call that principle into question by attempting to vitiate the arbitral process by invoking a (supposed) defect in the underlying contract or treaty, while difficult issues also remain concerning the precise scope and limits of the principle. These issues underscore the merit in analyzing and revisiting what remains a jurisprudentially subtle and practically important question.
- Type
- Chapter
- Information
- International ArbitrationThree Salient Problems, pp. 1 - 64Publisher: Cambridge University PressPrint publication year: 2020