Tagged
Jurisdiction

UR Power GmbH v Kuok Oils and Grains Pte Ltd – QBD (Com Ct) (Gross J) – 31 July 2009

Arbitration – Jurisdiction – Whether GAFTA Board of Appeal had substantive jurisdiction – Whether parties concluded binding contract for sale of goods – Whether jurisdiction challenge precluded because of failure to raise issue before first tier tribunal – Whether arbitration agreement separable – Whether appeal tribunal erred in law on question of damages – Whether appeal tribunal guilty of serious irregularity – Whether time for challenge counted from date of award or date of notification of award to challenging party

(2009) 776 LMLN 2

The principal issue before the Court was whether the parties had concluded a binding contract for the sale by UR Power (“URP”) to Kuok of 10,000 mt crude palm oil in bulk, CIF European Port, with a shipment date in Nigeria of 1–30 November 2006. It was common ground that, in the event, no goods were supplied by URP to Kuok. URP contended that Kuok’s failure to open a letter of credit meant that no binding contract was ever concluded between the parties.

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Michael Daiches, Barrister

Aug 18 2009

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