Paul Smith v. H. & S. International Holdings

Harbour Assurance v. Kansa

An arbitration agreement may take one of two forms: a submission agreement, normally entered into by the parties after the dispute has arisen; or, more commonly, an agreement which takes the form of an arbitration clause in the principal contract. In the context of a contractual dispute, a submission agreement is distinct from the contract which gives rise to the dispute. From a conceptual point of view, the same is true of an arbitration clause: it constitutes a self-contained contract collateral or ancillary to the principal contract of which it forms a part.1 This is the doctrine of separability. While the principle is easy enough to state, its operation in practice is less straightforward. Since the jurisdiction of the arbitrator is based on