Question

The Arbitration and Conciliation Act, 1996, established a doctrine called "Separability" (Section 16), which provides:

Q: Answer-The Arbitration and Conciliation Act, 1996, established a doctrine called 'Separability' (Section 16...

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.

A The arbitration clause is a subordinate part of the main contract and cannot exist without it

B The arbitration agreement is independent, and the invalidity of the main contract does not void it

C An arbitrator is barred from making a determination on the validity of the underlying contract

D Multiple disputes between the same parties must be separated into different arbitrations

E Arbitration can only proceed if the parties have reaffirmed their consent after the dispute arose

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The Arbitration and Conciliation Act, 1996, established a doctrine called "Separability" (Section 16), which provides:

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