Glencore International AG v MSC Mediterranean Shipping Company SA & Anor

Glencore International AG v MSC Mediterranean Shipping Company SA & Anor

MSC did not comply with its obligations under the bill of lading because providing pin codes under the ERS did not constitute delivery of goods or a delivery order as required; no implied term, variation, or estoppel discharged MSC's liability.

Parties
Claimant: Glencore International AG; First Defendant: MSC Mediterranean Shipping Company SA; Second Defendant: MSC Home Terminal NV
Jurisdiction
England and Wales
Judgment Date
10 July 2015
Procedural Posture
Commercial Claim / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Breach of Contract, Bills of Lading, Delivery Orders, Electronic Release Systems, Agency, Estoppel, Bailment, Conversion
Contract Law Shipping Law Bailment Breach of Contract Bills of Lading Delivery Orders Electronic Release Systems Agency +2 more

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Parties

Glencore International AG

Claimant

MSC Mediterranean Shipping Company SA

First Defendant

MSC Home Terminal NV

Second Defendant

Procedural Posture

Commercial Claim / Judgment After Trial

Legal Issues

  1. 1 Whether MSC complied with its obligations under the bill of lading by using the electronic release system (ERS) and providing pin codes instead of delivering goods or a delivery order
  2. 2 Whether the provision of pin codes constituted a 'Delivery Order' under the bill of lading
  3. 3 Whether MSC could rely on implied terms, variation, or estoppel to discharge its obligations

Ratio Decidendi

MSC did not comply with its obligations under the bill of lading because providing pin codes under the ERS did not constitute delivery of goods or a delivery order as required; no implied term, variation, or estoppel discharged MSC's liability.

Court Disposition

Judgment for the claimant

Orders

  • MSC liable for breach of contract and bailment
  • Glencore entitled to agreed damages of $1,109,364.78