The role of the Enka case in the English interpretation of the doctrine of separability

Abstract

Transnational interaction and rise of cross-border commercial contracts have stimulated a large demand for a dispute resolution method that can cater to its needs: international arbitration. The success of international arbitration is cornered on its successful enforcement regime built on the 1959 New York Convention. The Convention has been signed and ratified by 172 countries which makes it one of the most widely adopted international legal regimes which translates into the acceptance of arbitral awards.