This was an appeal against a Commercial Court decision, that reversed an arbitration award holding that an innocent owner claiming compensation for an anticipatory breach of a Charter Party must give credit to the charterer in respect of his gains in capital value, by selling the vessel for a substantially superior amount at the moment…
DetailsThe present case concerns the validity of a nomination of a substitute vessel made by FOB buyers (Agrifert SA) pursuant to its right under clause 6 (“Period of Delivery”) in GAFTA 49, where the contract of sale provided for an advanced notice of the vessel’s nomination of 10 days and the substitution is communicated after…
DetailsThe new Spanish Shipping Act that will enter into force next 25 of September 2014 has introduced interesting changes into the law of arrest of ships in Spain. The introductory chapter of the Act states that the new Shipping Act regarding the arrest of ships is aimed to ensure that these are effected without the…
DetailsSaipol (claimant) and Inerco (defendant), FOSFA. Saipol claimed Inerco for the contamination of mineral oil found in a cargo of 16.6000 mts of ukranian sunflower seed oil, one of the lots of the so called food crisis of April 2008. The facts of the case were the following: Inerco loaded 3.000 tons for Saipol, from…
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Recent developments on domestic carriage by road in Italy The 2014 Stability Law no. 190 introduced several changes to the road haulage sector in Italy, aiming to reduce fragmentation in the sector and dissuade the indiscriminate use of sub-carriers. Under the new law, a carrier can contract a sub-carrier only upon prior agreement with the…
DetailsThe English Supreme Court has just given a judgment, 1 July 2015, on this very interesting case. The dispute dates back to August 2010 and in less than 5 years it has gone through five instances; two GAFTA arbitration tribunals and up to the Supreme Court in England. Very complex issues have been dealt with…
DetailsA 2010 commodity dispute has taken a further step for its long lasting resolution. Arizon represents the defendant before the Spanish Courts, which is also the claimant in London arbitration proceedings. Legal actions were commenced before the High Courts of A Coruña after negotiations between the parties had failed to settle the alleged claim. The…
DetailsMoney turns on the construction of notices in GAFTA commodity contracts. Volatility in the commodity markets has invited sellers and buyers to explore different ways out when a sale position becomes unprofitable or indeed a source for substantial losses. In 2014 two cases were decided by the Commercial Courts in London where the disputes related…
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A contract of sale of 15,000 metric tonnes of steel was agreed between Habas and VSC and contained an arbitration clause for arbitration in London. Negotiations took place between two agents on behalf of the Seller and the Buyer. It was envisaged that one of the agents would sign the contract on the Seller’s behalf.…
DetailsThis was an appeal from an arbitration award pursuant to section 69 of the Arbitration Act 1996. The case concerned a Memorandum of Agreement (the “MOA”) dated 1 May 2010, concluded upon the Norwegian Saleform 1993 (“NSF 1993”). According to clause 2 of the MOA, a deposit of 10% was payable within three banking days…
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By a contract dated 4 October 2010 Soufflet agreed to sell 38,000 mt of French feed barley to Fedcominvest on FOB terms. The terms of GAFTA 64 were incorporated. Clause 8 provided that the contractual delivery period should be extended by not more than 21 days “provided that Buyers serve notice claiming extension not later…
DetailsOMV Supply and Trading AG (the “Buyer”) v Kazmunaygaz Trading AG (the “Seller”) In the appeals from two judgments in the Commercial Court, the Court of Appeal was faced with a case that concerned a contract of sale of 1000 m.t. of biodiesel +/- 5% in seller’s option c.i.f. Constanza (Romania). This was the last…
DetailsThis was an appeal from an arbitration award, pursuant to sections 68 and 69 of the Arbitration Act 1996. The case concerned a contract of affreightment (the COA) dated 19 August 2008 by which the “disponent owners of the Glory Wealth to be nominated motorship” bound themselves to carry 6 cargoes of coal in bulk…
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Once concluded the investigatory stage of the criminal proceedings instituted in Spain after the ecological disaster caused by the oil spillage from the M/T “Prestige”, civil claims were brought against the Owners of the vessel and their P&I insurers –the London P&I Club– under Article 177 of the Spanish Penal Code 1995 and the CLC.…
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We are pleased to announce the recommendation issued by Chambers & Partners for Arizon Abogados SLP in Spain for the transport area of practice; maritime law, marine insurance, trade law and admiralty. Individual recommendations have also been given for managing partner Felipe Arizon. This year Arizon’s entry reads as follows: What the team is known…
DetailsThis was an appeal against an arbitration Award. The Sellers sold the ship Union Power under a MOA on the terms of the Norwegian Sale form 1993. Following delivery, the vessel was found to have a severe engine problem, and a dispute arose as to whether the Sellers were liable to the Buyers for such…
DetailsBunge SA vs Nibulon Trading BV [2013] EWHC 3936 (Comm) A dispute arose between Bunge SA (Buyers) and Nibulon Trading BV (Sellers) for default damages arising from non-performance of contract for Ukrainian wheat. The dispute was submitted to Arbitration under the GAFTA nº 125 Arbitration Rules 2006 (hereinafter the 2006 Rules). Buyers served notice of…
DetailsClaimant: KG BOMINFLOT, the fob Buyer. Defendant: PETROPLUS, the fob Seller. Court: QBD – Hamblen J Facts: By a sale contract dated 9 January 2007, Bominflot (Buyer) agreed to buy from Petroplus (Seller) a quantity of gasoil fob Antwerp. The contract contained detailed specifications for the gasoil on delivery, including as to sediment, but not as to…
DetailsLa Coruña Criminal Court of Appeal has recently handed down the judgment in respect to the criminal proceedings followed out of the sinking of The Prestige off the Spanish coasts back in 19 November 2002. In a nutshell the Court of Appeal in its 263 page judgment (click here) has held as follows: Apostolos Ioannis Mangouras, Nikolaos Argyropoulos and…
DetailsSalvamento Marítimo remolca a un velero que sufrió una vía de agua a 32 millas de A Coruña Un tripulante iba a bordo del barco francés cuando dio la voz de alarma. A Coruña 12 de diciembre de 2012 18:52 Salvamento Marítimo remolcó a un velero francés de nombre «Tauanea» que sufrió un problema cuando…
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