X to take precedence over Y in case of confusion

Contracts commonly have provisions that say what is to take precedence in the event of conflicts, inconsistencies, or ambiguities between one agreement (or part or schedule) and another. The Court of Appeal has considered a very short form “confusion clause” in reinsurance certificates finding that it prioritised earlier contracts over later ones. Consequently, the English jurisdiction clause in the original contracts took precedence over the New York arbitration clause in the certificates.

Judgment: Tyson v. GIC

Read the write up on our Arbitration blog.