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A New Precedent in Contract Conflicts: Decoding the Tyson v. GIC Ruling on Hierarchy Clauses
By Ryan Joseph, final-year BBA LLB (Hons) student, Jindal Global Law School, India.
Introduction
The recent decision of the UK High Court (“Court”) in Tyson International Company Limited (“Tyson”) v. General Insurance Corporation of India (“GIC”) sets a critical precedent for cases that lie at the intersection of arbitration, contractual hierarchy, and judicial intervention through anti-suit injunctions. The principal issue in the case revolved around the harmonious application of two conflicting dispute resolution clauses contained in two separate agreements pertaining to the same transaction. While one provided for dispute settlement through arbitration seated in New York, the other was an exclusive jurisdiction clause that provided for dispute settlement by England and Wales courts. To resolve this apparent conflict between the two clauses, the Court relied on a confusion clause (also known as a hierarchy clause) in the parties’ agreement to rule that the exclusive jurisdiction clause, in favour of England and Wales courts, prevails over the arbitration clause. Based on this conclusion, the Court issued an anti-suit injunction against GIC from arbitrating the dispute in New York. Read more
Australian Federal Court Backs India on Sovereign Immunity: Another Twist in the Devas v. India Saga
by Shantanu Kanade, Assistant Professor, Dispute Resolution, Jindal Global Law School, India
The Federal Court of Australia (“Federal Court”), in its recent judgement in the Republic of India v. CCDM Holdings, LLC[1] (“Judgement”), held that the Republic of India (“India”) was entitled to jurisdictional immunity from Australian Courts in proceedings seeking recognition and enforcement of foreign arbitral awards dealing with disputes arising from ‘non-commercial’ legal relationships. The Court’s judgment was rendered with respect to an appeal filed by India against an interlocutory judgement of a primary judge of the same court, rejecting India’s sovereign immunity claim.
Background of the Dispute
Three Mauritian entities of the Devas group (“Original Applicants”) had commenced arbitration proceedings in 2012 under the 1998 India-Mauritius BIT, impugning India’s actions with respect to an agreement for leasing of space spectrum capacity entered between Devas Multimedia Private Limited (an Indian company in which the Original Applicants held shares) and Antrix Corporation Limited (an Indian state-owned entity). In 2011, India’s Cabinet Committee on Security decided to annul the said agreement, citing an increased demand for allocation of spectrum towards meeting various military and public utility needs (“Annulment”). The arbitration proceedings that followed culminated in a jurisdiction and merits award in 2016[2] and a quantum award in 2020 (“Quantum Award”)[3]. The Original Applicants have since sought to enforce the Quantum Award against India in different jurisdictions, discussed here.[4]
Finder on the Supreme People’s Court’s Notice on Foreign State Immunity Procedures
The news about the Supreme People’s Court of the People’s Republic of China issuing the Notice on Procedural Matters Related to Civil Cases Involving Foreign State Immunity has been previously reported on this blog.
Following this significant development, Professor Susan Finder, a distinguished Scholar in Residence at Peking University School of Transnational Law, has kindly shared her insights on the matter. Her post was originally published on the Supreme People’s Court Monitor. Given its valuable contribution, we decided to repost it here.
Our sincerest thanks to Professor Susan Finder for her thoughtful analysis and generosity in sharing her thoughts. Read more
News
The Double Face of Private International Law: Reconsidering Its Colonial Entanglements
Originally posted here
Current Research in Private International Law at the Max Planck Institute for Comparative and International Private Law, Hamburg
- Date: Dec 5, 2025
- Time: 11:00 AM (Local Time Germany)
- Location: online
About the speaker
Béligh Elbalti is a Professor at the Graduate School of Law and Politics, Osaka University. He is the author of numerous academic publications, primarily in the field of private international law, including blog posts on conflictoflaws.net. His research focuses on the development of private international law at both the national and international levels, with particular emphasis on Asia, Africa, and the Middle East.
About the Topic
In its general discourse, private international law (conflict of laws) is often presented as a discipline grounded in principles such as sovereignty, the equality of states, and comity. Its defining traits are said to flow from this premise of equality between legal orders, including its claim to neutrality, its pursuit of international harmony in cross-border cases, and its role in coordinating diverse legal systems. However, it is striking that private international law developed in an international context marked by domination, inequality, and subordination, a context that challenged the very premises on which the discipline claimed to rest.
Within this broader context, private international law appears to have played a dual role. On the one hand, it served as an instrument of colonial domination, particularly by denying its foundational premises to legal systems not regarded as “civilized”. In these contexts, instead of applying the ordinary methods of private international law, alternative mechanisms were employed to manage foreignness, most notably through systems of extraterritoriality – whether in the form of consular jurisdiction, mixed courts, or foreign courts operating in colonized or semi-colonized territories. On the other hand, private international law also functioned as an instrument for restoring sovereignty and achieving independence. The abolition and dismantling of extraterritorial regimes required colonized and semi-colonized states to meet the substantive and institutional conditions considered necessary for recognition as a “civilized nation”. This included, among other reforms, the establishment of a functioning system of private international law, alongside the adoption of substantive and procedural legal frameworks that guaranteed equal rights and protection for foreigners.
About the Virtual Workshop Series
The virtual workshop series “Current Research in Private International Law” is organised by Ralf Michaels and Philomena Hindermann. The series features guest speakers and Institute staff members who present and discuss their work on current developments and research topics in private international law. The workshops are geared to scholars who are researching in the field of private international law, but attendance is open to all individuals having an academic interest (including doctoral candidates and students).
The virtual lecture will be held as a video conference via Zoom. Please register no later than Thursday, 4 December 2025 using this LINK.
You will receive the login details on Thursday afternoon. If you do not receive an email containing the login data, please check your spam folder as well.
Talk by Yuko Nishitani on Colonialism and Japanese International Family Law (27 Nov, 12pm noon GMT, Zoom)
This Thursday, the University of Augsburg will be hosting a talk
by Yuko Nishitani (University of Kyoto)
on Colonialism and (International) Family Law from a Japanese Perspektive
(Kolonialismus und Familienrecht aus japanischer Sicht)
27 November 2025, 12pm noon GMT
(= 1pm in Germany / 9pm in Japan)
The talk will be given in German, followed by a discussion.
Everyone interested is warmly invited to join via this Zoom link.
International Conference: EU Succession Regulation – A Decade in Application
An international conference focusing on the EU Succession Regulation (“EU Succession Regulation: A Decade in Application”) will take place in Warsaw on December 9, 2025. Hosted by the Institute of Justice in Warsaw, the event will comprehensively assess the first decade of the Regulation’s application, highlighting its impact and future challenges.