UK Appeal Court rejects application of separability principle, sets aside arbitration award over arbitrator’s lack of jurisdiction

By Dean Ehrlich, 14 December 2022

Does an arbitration agreement always have a life independent of the main contract of which it forms part? In a dispute arising from a contract to charter “a cargo of 130,000 metric tons of coal in bulk” from Newcastle in Australia to Zhoushan in China containing a provision subjecting the nominated vessel – the "Newcastle Express" – to approval by a third party...