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  • Overview

    We acted on behalf of Swiss based commodity traders in a dispute with Indian based buyers arising from the sale of 10,000 MT of Indian White Rice.

    The contract was subject to the rules of the Grain and Feed Trade Association (“GAFTA”) which provided for arbitration under GAFTA rules. English law applied.

    The contract was concluded by way of a “quick fire” exchange of emails familiar to those in the trade and a telephone conversation. There was a pressing shipment deadline. The exchange of emails concluding the contract was followed by a formal written agreement specifying terms in greater detail which remained unsigned by the Indian Sellers.

    The Indian Sellers subsequently failed to load the rice. The Buyers were required to make payments to the Owners of the vessel arising from the delay caused at load port in addition to the costs incurred to receivers caused by the late delivery of a substitute cargo. Those losses were sought from the Indian Sellers.

    The Indian Sellers challenged the jurisdiction of the Tribunal, disputed that a binding contract had been agreed over the telephone or as evidenced by the subsequent email exchange. The terms of the formal written agreement which followed were disputed. Quantum was also vigorously contested. Extensive written submissions were required before the Tribunal were in a position to make an Award.

    Arbitration is a confidential process and accordingly the specific facts and outcome must remain confidential to the parties.

  • Related Services

    Food & Drink

    Transport & Logistics

    We understand that businesses in this sector operate in fast moving markets and require accurate and practical advice delivered promptly and cost effectively.

    Dispute Resolution

    Our team of experienced and highly specialist lawyers includes experts in contractual, commercial and international disputes, insolvency, shareholders’, directors and partnership disputes, in disputes arising from construction/engineering projects and we also act for clients seeking to protect or defend intellectual property/IT rights.

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

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