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Arbitration update: England and Wales guidance on conflicting clauses, arbitrator removal and s 68; global caseload statistics; AI in arbitration; Cayman pro-arbitration; practice updates, journals and webinars

Published on: 19 February 2026

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Arbitration in England & Wales

Court of Appeal clarifies approach to conflicting dispute resolution clauses

In Tyson v GIC Re, India [2026] EWCA Civ 40, the Court of Appeal set out how to read competing dispute resolution provisions. If inconsistent terms—such as rival arbitration and jurisdiction clauses—appear within a single document, it should be construed holistically, aiming to give effect to all clauses where possible. That principle has limited application where the inconsistencies arise across different documents and a hierarchy provision or ‘confusion clause’ is engaged. In those circumstances, as in this case, the hierarchy clause prevails. This notable judgment underscores the value of a clearly drafted, express hierarchy provision when conflicts occur. See News Analysis: Court of Appeal clarifies approach to conflicting dispute resolution clauses (Tyson v GIC Re, India) by Harriet Campbell, senior knowledge lawyer at Penningtons Manches Cooper...

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