UNICTRAL Model Law does not contain rules of CoL to determine the law applicable to the agreement.
When adopted by any country, the issue of applicable law is solved bc the model law sets forth the validity requirements
New York Convention
Adopts principle that the parties are free to determine a law different from the law of the place of arbitration as the law applicable to the arbitration agreement
If the arbitrators decide, within the scope of their jurisdiction, that the contract containing the arbitration clause is null and void, that does not entail the loss of their jurisdiction
“kompetenz- kompetenz” or “competence de la competence”
Aims at giving arbitrators the possibility to examine and decide in the first instance on any objection to their jurisdiction
Without these principles, the mere contention of invalidity of the contract would imply neutralizing the effects of the arbitration agreement, which would in turn mean invalidating the method chosen by the parties to settle the conflict.
i.e., it would be possible at any time for a party to stop or delay the process of arbitration by alleging that the entire contract had been procured through fraud, corruption, misrepresentation, etc and so would be invalid.
Effect would be court getting to decide core issue in the case.
So we create the legal fiction of separatability doctrine
