Jurisdiction(s):
United Kingdom

Conflicting arbitration and jurisdiction clauses: Court of Appeal (England and Wales) gives primacy to hierarchy ‘confusion clause’ in reinsurance contracts (Tyson v GIC Re)

Published on: 17 February 2026

Published by a LexisNexis Commercial expert

Legal News

Article summary

Tyson International Company Ltd v Gic Re, India, Corporate Member Ltd (sued as the Sole Corporate Member for Syndicate 1947 At Lloyd’s of London for the 2021 and 2022 Years of Account) [2026] EWCA Civ 40

What are the practical implications of this case?

Although the court aims to uphold the parties’ contractual bargain, it will be cautious about knitting together incompatible terms in a manner that reverses what the parties agreed. In intricate contractual frameworks where clashing dispute resolution clauses may appear, the ruling underlines the need to state clearly which provision has primacy. A precisely drafted hierarchy or ‘confusion clause’ can be pivotal in resolving jurisdictional contests. Of particular relevance to the insurance and reinsurance market, the decision also has broader application for multi-jurisdictional commercial contracts.

Of note:

where a hierarchy provision (or ‘confusion clause’) exists, the court will construe it in its commercial setting. Although the context will vary by case, the court provided the following guidance:
- a hierarchy clause is more likely to be read as applying to inconsistent dispute resolution...

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