Ramburs Inc v Agrifert SA
The buyers' nomination of the m/v 'Sea Way' was invalid as it did not comply with the contractual requirements for nomination and pre-advice; the right to substitute a vessel under GAFTA 49 does not dispense with these requirements. The sellers were entitled to treat the contract as repudiated.
- Parties
- Claimant: Ramburs Inc; Defendant: Agrifert SA
- Jurisdiction
- England and Wales
- Judgment Date
- 04 December 2015
- Procedural Posture
- Commercial Arbitration Appeal / Judgment on Appeal Under Section 69 of the Arbitration Act, 1996
- Outcome
- Appeal allowed; buyers' claim fails.
- Legal Topics
- FOB Contracts, Vessel Nomination, Substitution of Vessel, GAFTA 49, Pre Advice Requirements, Repudiatory Breach
Case Brief
Summary, issues, holding and outcome
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Parties
Ramburs Inc
Claimant
Agrifert SA
Defendant
Procedural Posture
Commercial Arbitration Appeal / Judgment on Appeal Under Section 69 of the Arbitration Act, 1996
Legal Issues
- 1 Whether a buyer under a FOB contract must comply with nomination and pre-advice terms when substituting a vessel under GAFTA 49
- 2 Whether the nomination of the m/v 'Sea Way' was valid under the contract
Ratio Decidendi
The buyers' nomination of the m/v 'Sea Way' was invalid as it did not comply with the contractual requirements for nomination and pre-advice; the right to substitute a vessel under GAFTA 49 does not dispense with these requirements. The sellers were entitled to treat the contract as repudiated.
Court Disposition
Appeal allowed; buyers' claim fails.
Orders
- The appeal is allowed.
- The buyers' nomination of the m/v 'Sea Way' was invalid and their claim fails.
Full Case Text
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