Overlapping Arbitration Clauses: CAFI V. GTCS Trading - Benjamin Coffer

OVERVIEW

Is it possible for a dispute to fall within the scope of two different arbitration clauses in different contracts? Or does a finding that a dispute is subject to one arbitration agreement necessarily mean that the same dispute cannot fall within an arbitration agreement in another contract?

The judgment in CAFI v. GTCS Trading DMCC [2025] EWHC 1350 (Comm), handed down today, confirms that a claim or issue may fall within two or more different arbitration clauses, with the consequence that the claimant has the choice of which clause to invoke. The case is also interesting because of its discussion as to when a question of law is "in play" before a tribunal for the purposes of an appeal under section 69. Benjamin Coffer acted for the successful appellants, instructed by Damian Honey and Joshua Prest at HFW.