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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

Twenty 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

Twenty 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

25/03/2015

Public Company Rise v Nibulon S.A.

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

On 24 March 2015 Hamblen J handed down judgment in a case concerning the ambit of the GAFTA prohibition clause. 

The Claimant Sellers had sold 158,000 tons of Ukrainian Feed Corn to the Defendant Buyers. The Ukranian Government subsequently introduced Grain Export Quota Restrictions because of a poor harvest and the need to preserve sufficient grain for consumption in the home market. Despite their best endeavours Sellers were not granted the relevant export licences and purported to cancel the contracts on the basis of the prohibition clause. 

A GAFTA Appeal Board found that Sellers were liable to Buyers in the sum of US$17,536,000. Sellers appealed pursuant to section 69 contending that the Appeal Board had made a number of errors of law relating to the ambit of the prohibition clause. Buyers contended that the Award could be upheld on 2 grounds not expressed in the Award.

The Court held that the Appeal Board had erred in finding that the prohibition clause was engaged only in the case of a total ban, and rejected both Buyers arguments that the Award should be upheld on other grounds. However the Court further held that the Appeal Board had not specifically addressed the critical issue of causation (Bunge SA v Nidera BV  [2014] 1 Lloyd’s Rep. 404) and so remitted the Award to the Appeal Board for further consideration of that issue. Buyers were ordered to pay Seller’s costs of the appeal.

Christopher Hancock QC and Christopher Newman appeared on behalf of the Claimant (instructed by Clyde & Co). 


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