Find a Barrister

Find an Arbitrator

Generic selectors
Exact matches only
Search in title
Search in content
people

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

15/10/2013

Al Nasr Co for Coke and Chemicals v Fairdeal Supplies Ltd [2013] EWHC 3131 (Comm)

This is an archived article, and some links may not work. Contact us if you have any questions.

This was a s 69 appeal from an arbitration award in which the defendant (Fairdeal) had been awarded damages in respect of the claimant’s (Al Nasr’s) refusal to deliver a cargo of low ash metallurgical coke.


The claimant appealed on the basis that the arbitral tribunal had failed to give effect to a “null and void” provision in an agreement amending the original sale contract. It contended that the effect of this clause was that any conduct which might have constituted a waiver in relation to time for performance under the original sale contract should be ignored, and that the parties should go back to the unamended terms of that contract which, it was said, had expired unperformed.


Males J rejected this construction of the “null and void” provision. It did reinstate the original sale contract, but it did not allow the claimant to ignore all events which had occurred after that contract had been concluded. The tribunal had been entitled to conclude that the parties’ conduct following the conclusion of the sale contract had been effective to waive the time for performance, and that the contract remained alive and capable of performance at the time when the claimant repudiated it.


The appeal was therefore dismissed.


Member of Chambers: Rupert Hamilton appeared for the defendant (instructed by Reed Smith LLP)

Share