Jurisdiction(s):
United Kingdom

Paris Court of Appeal (France) confirms broker-issued conditions particulières (CAIP) override Liprobel 7/Fegra arbitration clause; arbitral jurisdiction upheld (Soyl v AXA/Novial)

Published on: 10 December 2025

Published by a LexisNexis Arbitration expert

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Article summary

What are the practical implications of this case?

This ruling has significant consequences for practitioners involved in international sales, commodity trading and arbitration. The Court of Appeal held that, when several arbitration clauses appear across different layers of contractual paperwork, the clause contained in the conditions particulières—in this instance, the broker’s pre-printed CAIP wording—takes priority over any arbitration clause found in incorporated industry-standard terms, as it serves as an express contrary agreement to those general conditions. The Paris Court of Appeal reiterates a fundamental principle of French international arbitration: the parties’ shared intention governs, identified through objective indicators of consent, including consistent acceptance and execution of broker-issued confirmations. On procedure, the decision shows that French courts apply a stringent review of jurisdiction under Article 1520(1) CPC, while consciously avoiding any reconsideration of the merits. It further clarifies that mere references to commonly used trade terms (such as Liprobel 7) do not, on their own, transform those terms into conditions particulières where the essential commercial terms and the arbitration agreement are expressly set out in another instrument. Lastly, the ruling underscores the importance...

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