CTI Group Inc v Transclear SA

CTI Group Inc v Transclear SA

The tribunal did not err in law in finding that the buyers’ losses were caused by the sellers’ breach and were not too remote; the losses claimed were the direct and natural result of non-delivery under the contract, and the sellers’ application to uphold the award on alternative grounds fails.

Parties
Claimant/buyers: CTI Group Inc; Defendant/sellers: Transclear SA
Jurisdiction
England and Wales
Judgment Date
17 October 2007
Procedural Posture
Arbitration Claim / Application to Uphold Arbitral Award on Alternative Grounds After Earlier Judgment on Frustration
Outcome
Application dismissed
Legal Topics
Damages for Non Delivery, Available Market, Causation, Remoteness of Damage, Arbitration Appeals
Commercial Law Arbitration Sale of Goods Damages for Non Delivery Available Market Causation Remoteness of Damage Arbitration Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CTI Group Inc

Claimant/buyers

Transclear SA

Defendant/sellers

Procedural Posture

Arbitration Claim / Application to Uphold Arbitral Award on Alternative Grounds After Earlier Judgment on Frustration

Legal Issues

  1. 1 Whether buyers suffered recoverable losses under section 51 of the Sale of Goods Act 1979
  2. 2 Whether the losses claimed were too remote or not caused by the sellers' breach
  3. 3 Whether the tribunal erred in law in its findings on causation and remoteness

Ratio Decidendi

The tribunal did not err in law in finding that the buyers’ losses were caused by the sellers’ breach and were not too remote; the losses claimed were the direct and natural result of non-delivery under the contract, and the sellers’ application to uphold the award on alternative grounds fails.

Court Disposition

Application dismissed

Orders

  • Application to uphold the tribunal award on alternative grounds is dismissed