Separability and the Law Applicable to the Substantive Validity of Arbitration Agreements

Abstract

This article discusses the related topics of the doctrine of separability and the law applicable to arbitration agreements, showing the continuous interaction between them. It fosters an approach according to which, while the law of the seat will continue to play a significant role in the evaluation of the validity of arbitration agreements, such validity may also be ascertained on the basis of other systems of law – relevant on a case by case basis – as dictated by the principle of favor arbitrati, which today provides a mandatory approach for domestic law judges. separability, arbitration agreement, applicable law, validation principle, favor arbitrati, New York Convent