Review of the Governing Law and the Law Governing the Ability to Refer to Arbitration

Abstract

One of the effects and results of the principle of independence is that the condition of arbitration from the main contract is to consider separate legal arbitration for each of the principal contracts and the issue of referralability.This means that if the main contract of invalidity was void according to the law, it would not only have no effect on the arbitration agreement, but also has no role in the issue of the possibility of referral to the arbitration, and the arbitration agreement as well as the ability to refer the case to arbitration should have another fate It is governed by the law.What is discussed in this paper is the proof of this theory that by accepting the doctrine of the principle of independence, the condition of arbitration will be different from the main contract of the law governing the main contract and the law governing the ability to refer the matter to arbitration.

Keywords:

The principle of independence is the condition of the arbitration of the original contract, the law governing the main contract, the law governing the ability to refer the case to arbitration