The separability doctrine in English arbitration law
<p>The purpose of this thesis is to determine the scope and consequences of the separability doctrine in English law. It reveals a tension which hitherto has not been explored or understood between the desire to widen the separability doctrine so as to promote commercial arbitration and the ne...
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| Format: | Thesis |
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2002
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| _version_ | 1797104500789477376 |
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| author | Bashayreh, M |
| author_facet | Bashayreh, M |
| author_sort | Bashayreh, M |
| collection | OXFORD |
| description | <p>The purpose of this thesis is to determine the scope and consequences of the separability doctrine in English law. It reveals a tension which hitherto has not been explored or understood between the desire to widen the separability doctrine so as to promote commercial arbitration and the need for that doctrine to rest on sound principle and policy.</p> <p>The thesis seeks to convince the reader that: (i) English arbitration law is, and should continue to be, based on a contractual theory of arbitration; (ii) the separability doctrine, as applied in England, is consistent with a contractual theory of arbitration; (iii) the best way for the English doctrine of separability to develop, for reasons of policy and principle, is to recognise two main exceptions to separability, these being for non-existent and for illegal contracts; and (iv) the competence-competence principle can, and should, be utilised in order to mitigate some possible drawbacks of the above-mentioned exceptions to the separability doctrine.</p> <p>In developing the above arguments the thesis tackles issues of great importance that have tended to be overlooked, in particular the relationship between the separability doctrine and general theories of arbitration and the relationship between the separability doctrine and the competence-competence principle.</p> |
| first_indexed | 2024-03-07T06:34:37Z |
| format | Thesis |
| id | oxford-uuid:f72b2181-6951-4400-b1cc-675a67a97f37 |
| institution | University of Oxford |
| last_indexed | 2024-03-07T06:34:37Z |
| publishDate | 2002 |
| record_format | dspace |
| spelling | oxford-uuid:f72b2181-6951-4400-b1cc-675a67a97f372022-03-27T12:40:45ZThe separability doctrine in English arbitration lawThesishttp://purl.org/coar/resource_type/c_db06uuid:f72b2181-6951-4400-b1cc-675a67a97f37Polonsky Theses Digitisation Project2002Bashayreh, M<p>The purpose of this thesis is to determine the scope and consequences of the separability doctrine in English law. It reveals a tension which hitherto has not been explored or understood between the desire to widen the separability doctrine so as to promote commercial arbitration and the need for that doctrine to rest on sound principle and policy.</p> <p>The thesis seeks to convince the reader that: (i) English arbitration law is, and should continue to be, based on a contractual theory of arbitration; (ii) the separability doctrine, as applied in England, is consistent with a contractual theory of arbitration; (iii) the best way for the English doctrine of separability to develop, for reasons of policy and principle, is to recognise two main exceptions to separability, these being for non-existent and for illegal contracts; and (iv) the competence-competence principle can, and should, be utilised in order to mitigate some possible drawbacks of the above-mentioned exceptions to the separability doctrine.</p> <p>In developing the above arguments the thesis tackles issues of great importance that have tended to be overlooked, in particular the relationship between the separability doctrine and general theories of arbitration and the relationship between the separability doctrine and the competence-competence principle.</p> |
| spellingShingle | Bashayreh, M The separability doctrine in English arbitration law |
| title | The separability doctrine in English arbitration law |
| title_full | The separability doctrine in English arbitration law |
| title_fullStr | The separability doctrine in English arbitration law |
| title_full_unstemmed | The separability doctrine in English arbitration law |
| title_short | The separability doctrine in English arbitration law |
| title_sort | separability doctrine in english arbitration law |
| work_keys_str_mv | AT bashayrehm theseparabilitydoctrineinenglisharbitrationlaw AT bashayrehm separabilitydoctrineinenglisharbitrationlaw |