State of readiness of the carrying vessel to satisfy the requirement of Clause 6 of GAFTA contract form no. 49 to the effect that the vessel should have been ‘presented at loading port in readiness to load.’ Judges: Mr Justice David Steel Citations: [2009] EWHC 2454 (Comm), [2010] 1 All ER (Comm) 1023, [2010] 1 … Continue reading Soufflet Negoce v Bunge Sa: ComC 13 Oct 2009
Appeal against award.The claimant sellers appealed against an arbitration award asking ‘(1) Whether on a true construction of the contract, the certificates of quality and condition issued by the superintendent chosen by the Sellers were final and binding; and(2) Whether the Buyers were entitled to reject the documents and the goods despite the terms of … Continue reading R G Grain Trade Llp (UK) v Feed Factors International Ltd: ComC 20 Jul 2011
A dissenting arbitrator, acting under the GAFTA 125 Rules, was not entitled to insist that his reasons for dissenting be included in the award. Citations: Times 26-Dec-1997, Gazette 21-Jan-1998, Gazette 28-Jan-1998, [1997] EWCA Civ 3001 Statutes: Grain and Feed Trade Association Rules Jurisdiction: England and Wales Arbitration Updated: 13 November 2022; Ref: scu.143400
The Court was asked: ‘2.1 Is the application of the GAFTA prohibition clause limited to a case where it can be seen after the event that performance of the contract has in fact been prevented by the prohibition in question? 2.2. Does the GAFTA default clause exclude common law principles for the assessment of damages … Continue reading Bunge Sa v Nidera Bv: ComC 29 Jan 2013
The court was asked as to a short point of construction of a ‘Notices’ clause which appears in numerous GAFTA standard forms. Judges: Eder J Citations: [2014] EWHC 2405 (Comm) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 29 September 2022; Ref: scu.534645
Under a FOB contract the sellers sold to the buyers a quantity of Argentine soya beans. The contract incorporated the provisions of GAFTA 64 (General Contract FOB Terms for Grain in Bulk) which included clause 24 default (set out in part at page 480 of the judgment). The contract was part of a string. The … Continue reading Concordia Trading B V v Richco International Ltd: 1991
The FOB contract for the sale of goods required the buyers to give notice of the probable readiness of the ships on which the goods were to be carried. The notice was given four days too late. The sellers declared the buyers in default and claimed damages for default on the basis that the term … Continue reading Bunge Corporation (New York) v Tradax Export Sa (Panama): HL 25 Feb 1981
As at the date of their failure to nominate loading places and silos, the sellers were in default of fulfilment of a contract and it was at that date that they failed to carry out the contract. Thereafter, the buyers were not obliged immediately to treat the sellers as being in default. They had the … Continue reading Toprak Mansulleri Ofisi v Finagrain Compagnie Commerciale Agricole et Financiere S A: ChD 1979
The court was asked as to the effect of a telex sent by the buyers to the sellers, notifying them that if a notice of appropriation was not received by the following day, then the buyers would treat the sellers as being in default, under clause 26 of the GAFTA Form 100. In fact the … Continue reading Alfred C Toepfer v Peter Cremer: CA 1975
Appeal on the following question of law arising from the GAFTA Board of Appeal’s Award: ‘Where goods sold C and F free out are located at their discharge port on the date of the buyer’s default, is ‘the actual or estimated value of the goods, on the date of default’ under sub-clause (c) of the … Continue reading Sharp Corp Ltd v Viterra Bv: ComC 18 Feb 2022
The seller had repudiated a CandF contract containing a GAFTA default clause, which did not include any provision allowing the recovery of expenses occasioned by the breach. The buyers made no claim for damages based on the difference between the contract price and the market price or value, presumably because the market had moved in … Continue reading Bem Dis A Turk Ticaret S/A Tr v International Agri Co Ltd; “SELDA”: ComC 31 Oct 1997
Challenge by the Claimant on grounds of lack of jurisdiction to an Award made by a GAFTA Board of Appeal Sir William Blair Sitting as a Judge of the High Court [2021] EWHC 3474 (Comm) Bailii England and Wales Jurisdiction, Arbitration Updated: 19 January 2022; Ref: scu.671029
This appeal is concerned with the construction of the GAFTA prohibition clause, its relationship with a clause of the relevant contracts which obliged the Sellers to obtain export licences, and its application in the light of the facts as found by the Appeal Board. Hamblen J [2015] EWHC 684 (Comm) Bailii Commercial Updated: 29 December … Continue reading Public Company Rise v Nibulon Sa: ComC 24 Mar 2015
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
The court heard an appeal from an order upholding an award made by the Board of Appeal of the Grain and Feed Trade Association concerning the effect of the Prohibition clause in the GAFTA standard form of contract for delivery on f.o.b. terms of . .
Even though a debt under commercial washout agreements between the parties was acknowledged, it was not enforceable in the context of unrelated arbitration awards between the parties. The non-payment of the washout agreement invoices created a . .
References: [1998] 1 Lloyd’s Rep 416, Times 13-Dec-1997 Coram: Clarke J At common law the buyer’s remedy for failure to perform a contract of sale of goods is to claim damages for non-delivery. Where, as here, there was an available market, the measure of damages is prima facie to be ascertained by the difference between … Continue reading Bem Dis A Turk Ticaret S/A Tr v International Agri Co Ltd; ‘SELDA’: ComC 31 Oct 1997
