Scope of the arbitration clause

A common issue that can arise in respect of an arbitration clause is whether the various claims which are made fall within its terms. The English courts have now all but accepted that if judicial proceedings are brought in England and it is alleged by the defendant that the claims fall within the scope of the arbitration clause so that a stay should be granted, the English court should itself construe the clause and determine its ambit rather than leave the jurisdictional dispute to the arbitrators. In ET Plus SA and others v Welter and others [2005] EWHC 2115 (Comm) this approach was adopted, and the question considered by the Court was whether the wording of the clause encompassed tortious claims as well as breach of contract.