Mercuria Energy Trading SA v Onex DMCC [2026] EWHC 130 (Comm) (22 January 2026)
The contract distinguished between guaranteed specifications and non-binding typicals; the Organic Chloride content was a typical, not a guarantee. The cargo retained its commercial identity as SRFO despite contamination. Onex was not in breach of contract for delivering cargo with 16ppm Organic Chloride. Mercuria's...
Source-derived case information.
- Citation
- [2026] EWHC 130 (Comm)
- Parties
- Claimant: Mercuria Energy Trading SA; Defendant: Onex DMCC
- Jurisdiction
- England and Wales
- Judgment Date
- 22 January 2026
- Procedural Posture
- Commercial Contract Dispute / High Court Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- Interpretation of Contract Terms, Sale by Description, Measure of Damages, Mitigation of Loss, Quality and Description of Goods
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercuria Energy Trading SA
Claimant
Onex DMCC
Defendant
Procedural Posture
Commercial Contract Dispute / High Court Judgment After Trial
Legal Issues
- 1 Whether the seller was contractually obliged to deliver cargo with Organic Chloride content not exceeding 5ppm as a binding specification or only as a non-binding typical;
- 2 Whether the cargo delivered lost its commercial identity as SRFO due to contamination;
- 3 Whether the seller breached a requirement to deliver '100% SOMO IRAQI HSSR';
Ratio Decidendi
The contract distinguished between guaranteed specifications and non-binding typicals; the Organic Chloride content was a typical, not a guarantee. The cargo retained its commercial identity as SRFO despite contamination. Onex was not in breach of contract for delivering cargo with 16ppm Organic Chloride. Mercuria's claim fails.
Court Disposition
Claim dismissed
Full Case Text
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