Cereal Investments Company (CIC) SA v Ed&f Man Sugar Ltd

The contract did not require loading to be completed by 31 October 2006; it only required the vessel to present in October. The words 'Shipment at Buyer’s Option, with 10 days pre-advise of vessel arrival' were intended to allow the buyer to determine when shipment would commence within October, not to fix a deadline for completion of loading. The panel's construction was commercially sensible and consistent with the contract's wording.

Parties: Claimant: Cereal Investments Company (C.I.C.) S.A.; Defendant: ED&F Man Sugar Ltd
Jurisdiction: England and Wales
Judgment Date: 07 December 2007
Procedural Posture: Commercial Arbitration Appeal / Judgment on Appeal Under S 69 Arbitration Act 1996
Outcome: Appeal dismissed
Legal Topics: FOB Contracts, Letters of Credit, Contract Construction, Arbitration Appeals

Commercial Law Arbitration FOB Contracts Letters of Credit Contract Construction Arbitration Appeals

Case Brief

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Parties

Cereal Investments Company (C.I.C.) S.A.

Claimant

ED&F Man Sugar Ltd

Defendant

Procedural Posture

Commercial Arbitration Appeal / Judgment on Appeal Under S 69 Arbitration Act 1996

Legal Issues

1 Whether the contract identified a shipment period requiring loading to be completed by 31 October 2006
2 Proper construction of the shipment period clause in the FOB contract

Ratio Decidendi

Court Disposition

Appeal dismissed