Doctrine of separability

Arbitration is one of the mechanisms to resolve disputes. Parties that want to arbitrate their dispute, must have an arbitration agreement. Arbitration agreement can be a clause and forming part of the main contract or parties may opt to have a separate agreement. The importance of having an arbitra...

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Main Author:	Aliman, Izzah Zahin
Format:	Thesis
Language:	English
Published:	2016
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/77671/1/IzzahZahinAlimanMFAB2016.pdf
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id	my-utm-ep.77671
record_format	uketd_dc
spelling	my-utm-ep.776712018-06-26T07:50:07Z Doctrine of separability 2016-09 Aliman, Izzah Zahin TH Building construction Arbitration is one of the mechanisms to resolve disputes. Parties that want to arbitrate their dispute, must have an arbitration agreement. Arbitration agreement can be a clause and forming part of the main contract or parties may opt to have a separate agreement. The importance of having an arbitration agreement is that it can preserve one party‘s choice of the favourable forum to settle if dispute arises. There were cases where, despite having arbitration agreement, one of the parties continued to bring the dispute straight to court. Doctrine of separability ensures that parties‘ intent to arbitrate notwithstanding a party challenging the validity of the parties‘ contract or the arbitration clause it contains. Hence, the objective of this research is to identitfy the application of the doctrine of separability in Malaysia. Analysis of the various cases is conducted to see how the court tackles such challenge. From the analysis, it is found that the unenforceability of the contract that contains the arbitration clause does not automatically redeem the arbitration clause unenforceable. 2016-09 Thesis http://eprints.utm.my/id/eprint/77671/ http://eprints.utm.my/id/eprint/77671/1/IzzahZahinAlimanMFAB2016.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:94010 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Aliman, Izzah Zahin Doctrine of separability
description	Arbitration is one of the mechanisms to resolve disputes. Parties that want to arbitrate their dispute, must have an arbitration agreement. Arbitration agreement can be a clause and forming part of the main contract or parties may opt to have a separate agreement. The importance of having an arbitration agreement is that it can preserve one party‘s choice of the favourable forum to settle if dispute arises. There were cases where, despite having arbitration agreement, one of the parties continued to bring the dispute straight to court. Doctrine of separability ensures that parties‘ intent to arbitrate notwithstanding a party challenging the validity of the parties‘ contract or the arbitration clause it contains. Hence, the objective of this research is to identitfy the application of the doctrine of separability in Malaysia. Analysis of the various cases is conducted to see how the court tackles such challenge. From the analysis, it is found that the unenforceability of the contract that contains the arbitration clause does not automatically redeem the arbitration clause unenforceable.
format	Thesis
qualification_level	Master's degree
author	Aliman, Izzah Zahin
author_facet	Aliman, Izzah Zahin
author_sort	Aliman, Izzah Zahin
title	Doctrine of separability
title_short	Doctrine of separability
title_full	Doctrine of separability
title_fullStr	Doctrine of separability
title_full_unstemmed	Doctrine of separability
title_sort	doctrine of separability
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2016
url	http://eprints.utm.my/id/eprint/77671/1/IzzahZahinAlimanMFAB2016.pdf
_version_	1747817804263849984

Doctrine of separability

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