P.T. Putrabali Adyamulia v Societe Est Epices

P.T. Putrabali Adyamulia v Societe Est Epices

Declarations of shipment were valid as to form and timing under the contract, buyers' failure to object within 3 days precluded challenge, and sellers are not entitled to the price after compromising third-party claims but may claim damages, which must be assessed by the Board of Appeal on remission.

Parties
Applicant/sellers: P. T. Putrabali Adyamulia; Respondent/buyers: Société Est Epices; Respondent/buyers: Enrico Webb James SNC
Jurisdiction
England and Wales
Judgment Date
19 May 2003
Procedural Posture
Commercial Arbitration Appeal / Judgment on Appeal From Board of Appeal of the International General Produce Association Limited
Outcome
Appeals allowed; arbitral awards set aside; matters remitted to Board of Appeal for assessment of damages and determination of counterclaim.
Legal Topics
C&f Contracts, CIF Contracts, Declaration of Shipment, Shipping Documents, Classification of Vessels, Remission of Arbitral Awards, Damages for Non Payment, Counterclaims in Arbitration
Commercial Law Arbitration International Trade C&f Contracts CIF Contracts Declaration of Shipment Shipping Documents Classification of Vessels +3 more

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Parties

P. T. Putrabali Adyamulia

Applicant/sellers

Société Est Epices

Respondent/buyers

Enrico Webb James SNC

Respondent/buyers

Procedural Posture

Commercial Arbitration Appeal / Judgment on Appeal From Board of Appeal of the International General Produce Association Limited

Legal Issues

  1. 1 Whether declarations of shipment naming an unpowered barge not classed as 'first class ship' under IGPA contract no. 5 are valid
  2. 2 Whether buyers' failure to object within 3 days precludes them from challenging the declaration
  3. 3 Whether buyers can reject shipping documents on the basis of non-contractual shipment

Ratio Decidendi

Declarations of shipment were valid as to form and timing under the contract, buyers' failure to object within 3 days precluded challenge, and sellers are not entitled to the price after compromising third-party claims but may claim damages, which must be assessed by the Board of Appeal on remission.

Court Disposition

Appeals allowed; arbitral awards set aside; matters remitted to Board of Appeal for assessment of damages and determination of counterclaim.

Orders

  • Awards of the Board of Appeal set aside.
  • Appeals remitted to Board of Appeal to assess damages due from buyers to sellers for non-payment of price.