UNITED KINGDOM 63

Court of Appeal, Civil Division, 22 May 2002

22 - 05 - 2002

UNITED KINGDOM 63

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVIII (2003)
Jurisdiction United Kingdom
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
UNITED KINGDOM 63