International Commercial Arbitration

Arbitration is a means of resolving disputes privately. International arbitration has become the established mode of determining international commercial disputes. All over the world states have modernized their laws of arbitration to take account of this fact. The proceedings are conducted in different countries and against different cultural background. International commercial arbitration is a mode of solving disputes with regards to various commercial activities that parties agree to trade on. The immense increase in inter-state trade and the links so forged between the enterprises across borders help develop the international methods of dispute resolution. Arbitration is exemplified as having numerous distinct advantages over proceedings

Scope and Research methodology:

This is a doctrinal research wherein the major premise is based on the issues of the arguments for and against doctrine of seperability in International Commercial Arbitration.. Therefore all the data collection will have its bases from texts, law journals, case laws, research papers, e-sources etc, and eventually to navigate the conclusions and suggestions on the aforesaid study.

Why Arbitration?

The key elements of arbitration are:

An Arbitration agreement is a written one to resolve disputes by the use of impartial arbitration. Such a provision may be embedded in a contract for the resolution of future disputes, or may be a submission agreement to arbitrate an existing dispute.

 Informal procedures. Under the rules, there is relative procedural simplicity; with no adherence of strict rules of evidence. The rules have done away with the need for

What does the Arbitration Agreement or a clause consist of?

An arbitration agreement is of two types. It can either be in a form of clause or in a form an agreement2, the first, and more frequently used is an agreement to submit potential disputes to arbitration; this type of agreement generally takes the form of an arbitration clause in the principal agreement between the parties. Whereas the second is an agreement to submit existing disputes to arbitration; an agreement of this kind is commonly referred to as a “submission to arbitration

1 Fuglesangs Allé, International Arbitration: the Doctrine of Separability and Competence-Competence Principle, (-- removed HTML --) , accessed on 1/04/2017

2 See for example: art. 7 (1) of UNCITRAL Model Law: “[…] An arbitration agreement may be in the form of an arbitration clause in a contract or in the for of a separate agreement”; sect. 1029 (2) of German Act (ZPO): “An arbitration agreement ma y be in the form of a separate agreement (“separate arbitration agreement”) or in the form of a clause in a contract (“arbitration