Business Law Deneme Sınavı Sorusu #945189
The principle of separability implies that:
The arbitration agreement must clearly indicate the parties’ consent to submit to arbitration certain disputes which have arisen or which may arise between them in respect of a defined legal relationship. |
It is required that the subject matter of the dispute can be validly submitted to arbitration. |
The parties to an arbitration must be capable of entering into an arbitration agreement in the name and on behalf of another person or entity. |
The validity of the main contract and the validity of the arbitration clause are distinct from each other. |
An arbitration agreement vests the arbitrators with the necessary power to resolve those disputes that the parties agreed to entrust to the arbitral tribunal. |
The validity of the main contract and the validity of the arbitration clause are distinct from each other. In other words, the invalidity of the main contract does not automatically mean that the arbitration clause is also invalid. This is called the principle of separability.
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