Question

    The Arbitration and Conciliation Act, 1996, established

    a doctrine called "Separability" (Section 16), which provides:
    A The arbitration clause is a subordinate part of the main contract and cannot exist without it Correct Answer Incorrect Answer
    B The arbitration agreement is independent, and the invalidity of the main contract does not void it Correct Answer Incorrect Answer
    C An arbitrator is barred from making a determination on the validity of the underlying contract Correct Answer Incorrect Answer
    D Multiple disputes between the same parties must be separated into different arbitrations Correct Answer Incorrect Answer
    E Arbitration can only proceed if the parties have reaffirmed their consent after the dispute arose Correct Answer Incorrect Answer

    Solution

    The doctrine of separability recognizes that an arbitration clause has independent existence from the main contract. If the main contract is void, the arbitration agreement may still be valid to adjudicate the invalidity itself. This enables arbitrators to determine their own jurisdiction and prevents parties from defeating arbitration by claiming the underlying contract is void. This principle aligns with the UNCITRAL Model Law.

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