No Confusion Over Confusion Clauses: English Court of Appeal Finds English Jurisdiction Clause Prevails

The Court of Appeal has upheld the grant of an anti-suit injunction, holding that a “confusion clause” in reinsurance certificates operated as a hierarchy clause giving precedence to the terms of earlier contracts over the later certificates. As a result, the English jurisdiction clause in the earlier contracts prevailed over the New York arbitration clause in the certificates, since the two could not be reconciled while still giving effect to the parties’ contractual bargain.... By: A&O Shearman