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Arbitration Law Monthly

Conflicting jurisdiction and arbitration clauses: resolving the conflict

In Tyson International Co Ltd v GIC Re, India, Corporate Member Ltd [2026] EWCA Civ 40 the Court of Appeal has affirmed the first instance judgment of Nigel Cooper KC [2025] Lloyd's Rep IR 182 in the long-running dispute concerning Tyson's reinsurance arrangements and has confirmed that an exclusive jurisdiction clause prevailed over arbitration provisions by reason of an express "hierarchy" or "confusion" clause.

Tyson: the contracts

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