Arbitration analysis: The case concerned a conflict between two arbitration clauses contained in different layers of the parties’ contractual documentation: the Paris International Arbitration Chamber (CAIP) clause expressly set out in the broker confirmations, and the Fegra clause appearing in Liprobel 7, an industry-standard document composed of a pro forma contract sheet and a set of general conditions. Only the general conditions (not the contract-type itself) contain the Fegra arbitration provision and these general conditions apply solely in the absence of a contrary express written agreement. The Paris Court of Appeal held that the arbitral tribunal had jurisdiction because the CAIP arbitration clause printed at the bottom of each broker confirmation constituted the parties’ operative arbitration agreement. The court found that the pre-printed clause referring disputes to the CAIP, set out at the bottom of each broker confirmation, formed part of the conditions particulières (ie, the contractual terms specifically agreed by the parties) and thus constituted an express written agreement between the parties. This clause prevailed over the arbitration provision contained in the industry-standard Liprobel 7 general terms designating Fegra. Applying the parties objectively expressed intention, together with the principles of good-faith interpretation and effet utile, the court held that the parties’ repeated and unconditional acceptance of the broker confirmations demonstrated clear consent to CAIP arbitration. The court therefore confirmed the tribunal’s jurisdiction. The decision provides important guidance on managing conflicting arbitration clauses in layered commodity-trading documentation and underscores the need for close scrutiny of pre-printed broker templates. Written by Anna Guillard Sazhko, international counsel and arbitrator, Paris, France.