PEC Ltd v Thai Maparn Trading Co Ltd [2011] EWHC 3306 (Comm) (13 December 2011)

PEC Ltd v Thai Maparn Trading Co Ltd [2011] EWHC 3306 (Comm) (13 December 2011)

The Buyers' notices did not constitute a valid claim for extension under clause 7 of GAFTA Form No. 120 because they were conditional, lacked clarity as to whether an extension was being claimed, and referenced the wrong GAFTA form and extension period. Certainty and unconditionality are required for such notices, and the Board of Appeal's interpretation was correct.

Citation
[2011] EWHC 3306 (Comm)
Parties
Claimant: PEC Limited; Defendant: Thai Maparn Trading Co Ltd
Jurisdiction
England and Wales
Judgment Date
13 December 2011
Procedural Posture
Appeal Under Arbitration Act 1996 S.69 / Judgment on Appeal From GAFTA Board of Appeal
Outcome
Appeal dismissed
Legal Topics
FOB Contract, Extension of Delivery Period, GAFTA Form No. 120, Notice Requirements, Repudiatory Breach
Commercial Law Arbitration FOB Contract Extension of Delivery Period GAFTA Form No. 120 Notice Requirements Repudiatory Breach

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Parties

PEC Limited

Claimant

Thai Maparn Trading Co Ltd

Defendant

Procedural Posture

Appeal Under Arbitration Act 1996 S.69 / Judgment on Appeal From GAFTA Board of Appeal

Legal Issues

  1. 1 Whether Buyers' notices constituted a valid claim for extension under clause 7 of GAFTA Form No. 120
  2. 2 Whether conditionality in the notices invalidated the extension claim
  3. 3 Effect of referencing wrong GAFTA form and extension period

Ratio Decidendi

The Buyers' notices did not constitute a valid claim for extension under clause 7 of GAFTA Form No. 120 because they were conditional, lacked clarity as to whether an extension was being claimed, and referenced the wrong GAFTA form and extension period. Certainty and unconditionality are required for such notices, and the Board of Appeal's interpretation was correct.

Court Disposition

Appeal dismissed