Bunge SA v Nibulon Trading BV [2013] EWHC 3936 (Comm) (13 December 2013)

The tribunal exercised its discretion to admit buyers' claim under GAFTA Rule 21(a); the board erred in law by concluding otherwise. The board had no power to reverse the tribunal's exercise of discretion to admit the claim.

Citation: [2013] EWHC 3936 (Comm)
Parties: Claimant (appellant): Bunge SA; Defendant (respondent): Nibulon Trading BV
Jurisdiction: England and Wales
Judgment Date: 13 December 2013
Procedural Posture: Commercial Arbitration Appeal / High Court Appeal From GAFTA Board of Appeal
Outcome: Appeal allowed
Legal Topics: Time Bar in Arbitration, Discretion to Admit Claims, Waiver, Interpretation of Arbitration Rules

Arbitration Commercial Law Time Bar in Arbitration Discretion to Admit Claims Waiver Interpretation of Arbitration Rules

Case Brief

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Parties

Bunge SA

Claimant (appellant)

Nibulon Trading BV

Defendant (respondent)

Procedural Posture

Commercial Arbitration Appeal / High Court Appeal From GAFTA Board of Appeal

Legal Issues

1 Whether the tribunal exercised its discretion to admit the claim under GAFTA Rule 21(a)
2 Whether the tribunal's discretion is limited to circumstances outside the reasonable contemplation of the parties
3 Whether the board of appeal can overrule the tribunal's exercise of discretion

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Matter remitted to the GAFTA board of appeal to consider the merits of sellers' appeal from the tribunal's award