The Doctrine of Separability and Governing Law of the Arbitration Clause: Should Pro-arbitration Policy Override Party Autonomy? Is It Time for a Bright Line Rule?

20 Oct 2020

Morrison Foerster partners Sarah Thomas, Chiraag Shah, and associate Daniel Steel spoke at the panel "The doctrine of separability and governing law of the arbitration clause: should pro-arbitration policy override party autonomy? Is it time for a bright line rule?" at the 2020 Hong Kong Arbitration Week. The webinar discussed approaches taken by the courts across various jurisdictions (including England, Singapore and Hong Kong) and engaged the panel and audience in a debate on whether the current position taken by the courts of these jurisdictions is desirable and whether more clarity is needed.



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