“…on on an arbitral tribunal to determine the initial validity of the main contract (Harbour Assurance Co (UK) Ltd v Kansa General International Insurance Co Ltd [1993] QB 701 and Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, [2007] 4 All ER 951). The principle has received statutory recognition in section 7 of the Arb…”
“… Arbitration Bill at para 43 noted that the section “sets out the principle of separability which is already part of English law (see Harbour Assurance v Kansa [1993] QB 701)”, with the explanation that “the doctrine of separability is confined to the effect of invalidity etc of the main contract on the arbitration agreement”. It i…”