Arbitration is a creature of contract, and hence one may say that any claim or dispute submitted to arbitration must relate to a contract where the relevant arbitration clause is laid down. In contrast, tort claims do not normally arise from a prior contractual relationship. Broad arbitration clauses classically say that “any and all disputes arising out of or in connection with the contract must be referred to arbitration”. While this type of arbitration clause can be considered as a catch-all clause, a question still remains: Does such an arbitration clause cover a tort claim? Ultimately, the question is whether a tort claim is arbitrable.
The full article can be read here: