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

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

09/05/2013

Seagrain LLC v Glencore Grain BV

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

This was an arbitration appeal concerning the construction of the GAFTA Prohibition Clause. Blair J held that the words “executive act … restricting exports” in the GAFTA Prohibition Clause mean an act done by or on behalf of the government, which is in the nature of a formal restriction of exports. It cannot be construed as extending to every action by an official body which has the effect of restricting exports. Beyond that, the Court should not impose a prescriptive interpretation; this is a question for the specialist GAFTA tribunal to determine in light of their experience of the trade.


Blair J therefore dismissed the appeal on the basis that the GAFTA Board of Appeal had not applied the wrong test. He declined to go on to deal with the issue of whether the Sellers had to clearly demonstrate that they had tried all avenues and made all reasonable efforts to either ship the goods or to try and buy replacement goods, noting that this was under appeal in Bunge SA v Nidera SA [2013] EWHC 84 (Comm). The Judge gave the Sellers leave to appeal to the Court of Appeal.


Susannah Jones acted for the respondent (instructed by Reed Smith LLP)

Share