Facts
Lower courts set aside an award, treating alleged invalidity of an accord-and-satisfaction agreement as invalidating its arbitration clause.
Holding
The Supreme Court quashed those orders and refused to set aside the award. Invalidity grounds affecting the clause require an independent assessment; a defect in the contract alone does not invalidate the clause.
Limits
Separability still allows examination of defects affecting consent to arbitration, including falsification.
Sources and legal references
Supreme Court: Determination 306-ES16-4741 of 2 November 2016Copy from a legal database
General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.