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The principle of separability is generally a useful fiction, as it prevents abusive behaviour. However, in cases like Fiona Trust it leads to an excessively
The principle of separability is generally a useful fiction, as it prevents abusive behaviour. However, in cases like Fiona Trust it leads to an excessively pro-arbitration outcome. A party who would never entered into the underlying contract is forced, at the very least, to appear in the arbitration to request the tribunal to rule that they do not have jurisdiction. Critically evaluate this statement, referring to relevant laws and materials as appropriate.
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