An arbitration agreement is concluded by two parties who enter into a contract to resolve all disputes between them about the contract, without going to court and with the assistance of an arbitrator. The agreement should mention who should choose the arbitrator, as far as the nature of the arbitrator`s dispute should give the decision, the place of arbitration, etc. Section 7 of the Arbitration and Conciliation Act 1996 indicates that an arbitration agreement may take the form of a separate agreement or a compromise clause in the contract. «Consequences of separation. The doctrine of dissociability emphasizes the potential scope of an arbitration agreement because it states that an arbitration agreement has a life distinct from the matrix contract for which it provides the means to resolve disputes. This allows the arbitration agreement to survive the breach or termination of the matrix contract to which it belongs. The consequence of this separate existence is that even if the matrix contract was terminated, by. For example, by accepted refusal or frustration, the arbitration agreement persists to deal with all debt disputes arising from the matrix contract that arise before or after termination. ig Russell on Arbitration reaffirms the position that Section 7 of the Arbitration Act, 1996 in the United Kingdom, allows the arbitration agreement to survive not only the termination or violation of the matrix contract. , but even if the contract in which it is included is considered null, non-existent or inoperative. In addition, even if the matrix contract is cancelled, the arbitration agreement can be maintained as a valid and independent agreement, so that any dispute must be referred to arbitration proceedings. The intention of the parties is of the utmost importance.
No form has been imposed for an arbitration agreement and nowhere has it been mentioned that terms such as arbitration, the arbitrator are essential conditions in an arbitration agreement. According to the prevailing case law, the parties` intention to refer their dispute to arbitration should be clearly established in the arbitration agreement. 2. An arbitration agreement may take the form of a compromise clause in a contract or in the form of a separate agreement. Pending a judgment or agreement, neither the party nor its counsel is authorized to publicly disclose information relating to this arbitration agreement or arbitration. All applications for this arbitration agreement are presented below in a clear statement that is understandable by all parties. PandaTip: Using public opinion to put pressure on the other side is too often when two parties have differences of opinion. This section of the submission expressly prevents one of the parties from disclosing information about the subject in question or related agreements until the arbitrator has made a final decision.