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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

13/12/2013

Bunge SA v Nibulon Trading BV [2013] EWHC 3936 (Comm)

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

Walker J has allowed an appeal and set aside an award by a GAFTA Board of Appeal which dismissed a claim by Bunge SA. The claim had succeeded on a ‘lapse of claim’ issue and on the merits before a GAFTA first-tier tribunal, but was dismissed by the Board of Appeal, without considering the merits, on the ground that it had lapsed so as to be deemed waived and absolutely barred. The essential issue on the appeal to the Commercial Court was whether Bunge SA’s claim had been admitted for determination by the first-tier tribunal in such a way that the Board of Appeal was obliged to consider it on the merits. Walker J held that the Board’s conclusion that they were not so bound, and thus their decision to dismiss Bunge SA’s claim without reference to the merits, was wrong in law. In particular, the judge held that a conditional decision by the first-tier tribunal to admit the claim as a matter of discretion was a valid decision and exercise of discretion. The judgment includes important consideration of the scope of Rule 21 of the GAFTA arbitration rules and the interplay between the respective discretions of first-tier tribunals and boards of appeal to admit claims that are time barred. The judge remitted the matter to the Board of Appeal to deal with the underlying claim on the merits.


Members of Chambers: Andrew W Baker QC and Malcolm Jarvis for the appellants (instructed by Reed Smith LLP).

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