Publication Type
Journal Article
Version
publishedVersion
Publication Date
1-2025
Abstract
In this article, the author compares the application of the separability doctrine in the People's Republic of China, England and Wales, and select Model Law jurisdictions (including Singapore and Hong Kong). This article argues that the proper scope of the doctrine must include situations of both contractual validity and existence are in question. Additionally, the doctrine should apply in finding that the law of the arbitration agreement is different from the law of the main contract. Finally, the doctrine must also serve to protect party autonomy to shield an arbitration agreement from self defeating main agreements.
Discipline
Comparative and Foreign Law | Dispute Resolution and Arbitration
Publication
Singapore Academy of Law Journal
Volume
37
First Page
47
Last Page
48
ISSN
0218-2009
Publisher
Singapore Academy of Law
Citation
GOH, Jia Jun Benjamin.
Separability doctrine: Perspectives from China, England and the Model Law. (2025). Singapore Academy of Law Journal. 37, 47-48.
Available at: https://ink.library.smu.edu.sg/sol_research/4845
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.