Views
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
New Book Alert: Recognition and Enforcement of Non-EU Judgments
An upcoming milestone in private international law — Recognition and Enforcement of Non-EU Judgments (Bloomsbury / Hart Publishing, Feb. 19 2026), edited by Tobias Lutzi, Ennio Piovesani, and Dora Zgrabljic Rotar.
This is not just another doctrinal text, but the first comprehensive comparative deep dive into how EU Member States handle judgments from outside the EU, an area of law that has been notoriously fragmented and under-theorized.
The book contains country reports from 21 EU Member States on their national rules on recognition and enforcement of non-EU judgments in a unified framework, giving the reader both breadth and comparative depth. The editors pull these strands together in a detailed comparative report that highlights patterns of convergence and divergence across EU jurisdictions. Additionally, the book situates the Member State approaches in relation to the Brussels I regime and the 2019 HCCH Judgments Convention, which is itself reshaping global judicial cooperation. It had practical and scholarly appeal
The release date is 19 February 2026 and it is available for pre-order already at here.
Hybrid Lecture: Venezuela’s Oil, Between a Rock and a Hard (Arbitration) Place (UCL, 26 Feb 2026, 1pm)
EAPIL Conference in Geneva from 18-20 June 2026: Registration open!
From 18 to 20 June 2026 the European Association of Private International Law (EAPIL) will host its third biannual conference. Following the Association’s conferences in Aarhus (Denmark) and Wroclaw (Poland) the conference promises to be a key event for scholars and practitioners interested in the present and future of European private international law.
Programme and Audience
Under the title “Shaping the Future of Private International Law in Europe – Putting Together the Pieces & Filling Gaps”, the conference will address structural developments, unresolved issues, and emerging challenges in European private international law. Special emphasis will be placed on 1) the consolidation of European private international law in a single instrument (EuPIL Act), 2) the unification of international property law (including the protection of cultural objects), and 3) the relationship of European Private International Law with third States.
All topics will be addressed from an analytical and a forward-looking perspective, combining doctrinal reflection with policy-oriented debate. Contributions will come from an internationally diverse group of speakers, reflecting EAPIL’s commitment to comparative and transnational perspectives.
The conference is open to academics, judges, practitioners, policymakers, and early-career researchers with an interest in (European) private international law.
Venue and Organisation
Hosted by the Faculty of Law of the University of Geneva, the conference will take place exclusively in person in Geneva. The choice of venue underscores the international outlook of the event and provides an ideal setting for scholarly exchange and networking.
Registration
Registration is available here. An early-bird rate applies until 15 March 2026, with standard registration available until 17 May 2026. Participation fees vary depending on registration date and include the option to attend the conference dinner. Further details on fees and registration can be found on the conference website.
Why Attend?
The EAPIL Conference 2026 offers a unique opportunity to:
- engage with cutting-edge research in private international law,
- discuss current reform projects and unresolved doctrinal questions,
- connect with leading scholars and practitioners from across jurisdictions, and
- contribute to shaping the future development of the field.
Further Information
More information on the programme, registration, and practical details is available on the conference website.
About EAPIL
The European Association of Private International Law was founded in 2019 to promote the study and development of Private International Law. It has today more than 600 members from more than 70 countries. For more information visit the EAPIL website and follow the EAPIL blog.