The IBA Arbitration Committee focuses on laws, practice, and procedures relating to the arbitration of transnational disputes. It publishes a variety of interesting articles and other content of relevance to the practice area.
The separability of an arbitration agreement from the underlying contract has gained near-universal acceptance as an efficient protection of the parties’ agreement to arbitrate and as a safeguard of the tribunal’s power to decide disputes on the merits.[1][2][3] (the ‘Supreme Court’) demonstrate that the doctrine of separability of the arbitration agreement does not always fit well with certain civil law concepts, which could lead to unexpected and even dangerous results. In particular, the judgments demonstrate that particularities of Bulgarian law may hamper the operation of the doctrine, undermine the effectiveness of and reduce the confidence in arbitration...
Read Emil Emanuilov's full contribution to the Arbitration Committee Publications by downloading the file below...
