Soufflet Negoce v Bunge SA

Soufflet Negoce v Bunge SA

The requirement under Clause 6 of GAFTA contract form no. 49 is satisfied if the vessel is presented at the loading port and it is physically and legally possible for the Sellers to load. There is no requirement that the vessel be ready to load in all respects as would justify a valid NOR under a charterparty. The...

Source-derived case information.

Parties
Appellant: Soufflet Negoce; Respondent: Bunge S.A.
Jurisdiction
England and Wales
Judgment Date
13 October 2009
Procedural Posture
Commercial Appeal / Judgment on Appeal From Arbitration
Outcome
appeal dismissed
Legal Topics
FOB Contracts, Readiness to Load, GAFTA Contract Interpretation, Delivery Obligations
Commercial Law International Trade FOB Contracts Readiness to Load GAFTA Contract Interpretation Delivery Obligations

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Parties

Soufflet Negoce

Appellant

Bunge S.A.

Respondent

Procedural Posture

Commercial Appeal / Judgment on Appeal From Arbitration

Legal Issues

  1. 1 What is the degree of readiness required for a vessel under Clause 6 of GAFTA contract form no. 49?
  2. 2 Does the vessel need to be ready to load in all respects as for a valid NOR, or is physical and legal possibility to load sufficient?

Ratio Decidendi

The requirement under Clause 6 of GAFTA contract form no. 49 is satisfied if the vessel is presented at the loading port and it is physically and legally possible for the Sellers to load. There is no requirement that the vessel be ready to load in all respects as would justify a valid NOR under a charterparty. The Sellers' obligation is to load if it is practical to do so, and they cannot refuse on the grounds of their own reservations as to the vessel's fitness.

Court Disposition

appeal dismissed