International Journal of Law

Authors
Galavizh Almasi, Sirvan Ahmadzadeh, Mohammad Amin Almasi

Abstract
In the domestic and international law, the doctrine of separability, meaning the independent existence of an arbitration clause has been accepted as a cornerstone of the whole system of arbitration. According to this principle, firstly, contract arbitration shall be without any effect of the fate of the original contract. Secondly, the arbitrator shall have jurisdiction in matters relating to the existence or validity of an arbitration clause. Indeed, the theory of separation lead to the conclusion that arbitrator should individually decide about their jurisdiction. We tried to consider the theory of competence- competence relates to the principle of the separation of the arbitration and analysis that are Iran and English law recognized two principles?