UK 63

22 - 05 - 2002

UK 63

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVIII (2003)
Jurisdiction United Kingdom
Original full text Full text decision UK 63
Summary

UK 63. Court of Appeal, Civil Division, 22 May 2002

Related topics
220

The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

"Null and void", etc.
222

The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

Arbitrator's competence and separability of the arbitration clause
UK 63