In the context of dispute resolution, the principle that an arbitration or jurisdiction agreement which forms part of a larger agreement is not itself invalidated merely by reason of the invalidity of the larger agreement. Separability is a principle of international arbitration law adopted in most New York Convention countries. For example, in English arbitration law, the principle is given statutory force by section 7 of the Arbitration Act 1996 and in the US, case law at both the state and federal level confirms that arbitration agreements are separable from the main contract as a matter of state and federal law (see, for example, Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967)).

Separability is also expressly addressed in several institutional rules (such as the ICC Rules, LCIA Rules, AAA Rules, and the UNCITRAL Arbitration Rules).

For more information, see Practice Notes, Separability of arbitration agreements in international arbitration, Separability of Arbitration Agreements in US Arbitration, and Jurisdictional issues in international arbitration.