A v B

A v B

A buyer's initial invalid nomination under an FOB contract is not a breach of condition if a valid nomination is subsequently made within the contractual period; failure to provide a copy charterparty at first request is not a breach of condition; and interest may be awarded from the date of loss as per the Settlement Agreement and arbitral discretion.

Parties
Claimant: A; Defendant: B
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Commercial Arbitration Appeal and Challenge / Judgment on Appeal and Challenge Under Sections 68 and 69 of the Arbitration Act 1996
Outcome
Appeal and challenge dismissed; Award upheld.
Legal Topics
FOB Contracts, Vessel Nomination, Repudiatory Breach, Conditions and Warranties, Interest on Awards, GAFTA Arbitration, Charterparty Obligations
Commercial Law Arbitration Contract Law FOB Contracts Vessel Nomination Repudiatory Breach Conditions and Warranties Interest on Awards +2 more

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Parties

A

Claimant

B

Defendant

Procedural Posture

Commercial Arbitration Appeal and Challenge / Judgment on Appeal and Challenge Under Sections 68 and 69 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether a false vessel nomination is a breach of condition entitling termination
  2. 2 Whether buyers must nominate a vessel already chartered
  3. 3 Whether failure to provide a copy charterparty at first request is a breach of condition

Ratio Decidendi

A buyer's initial invalid nomination under an FOB contract is not a breach of condition if a valid nomination is subsequently made within the contractual period; failure to provide a copy charterparty at first request is not a breach of condition; and interest may be awarded from the date of loss as per the Settlement Agreement and arbitral discretion.

Court Disposition

Appeal and challenge dismissed; Award upheld.

Orders

  • Section 69 appeal dismissed on all grounds.
  • Section 68 challenge dismissed on all grounds.