Great Eastern Shipping Co Ltd v Far East Chartering Ltd and Anr (The “Jag Ravi”) – Court of Appeal)(Longmore, Tomlinson and Davis LJJ) – 9 March 2012

Contract – Letter of indemnity – Shipowners delivering cargo without production of bills of lading – Whether shipowners entitled to enforce letter of indemnity issued by receivers – Whether delivery constituted “delivery” under letter of indemnity – Whether receivers entitled to rely on defence of public policy – Contracts (Rights of Third Parties) Act 1999

(2012) 844 LMLN 1

Contractual Disputes, Sale of Goods

PEC Ltd v Thai Maparn Trading Co Ltd – QBD (Com Ct) (Hamblen J) – 13 December 2011

Sale of goods (fob) – Delivery – Buyers failing to present vessel to lift goods within contractual delivery period – Buyers claiming to have given notice of 21 day extension of delivery period pursuant to clause 7 of GAFTA 120 – Whether notices valid to extend delivery period

(2012) 838 LMLN 1

Sale of Goods

Glencore Energy (UK) Ltd v Sonol Israel Ltd (The “Team Anmaj”) – QBD (Com Ct)(Beatson J) – 26 October 2011

Sale of goods – Demurrage – Whether demurrage provisions in sale contract constituted freestanding obligation or indemnity – Date of accrual of obligation to pay demurrage – Whether claim time-barred

(2011) 834 LMLN 3

Laytime and Demurrage, Sale of Goods

Thai Maparn Trading Co Ltd v Louis Dreyfus Commodities Asia Pte Ltd – QBD (Com Ct)(Beatson J) – 4 October 2011

Sale of goods – Sale of rice FOB – Buyers nominating carrying vessel but giving insufficient notice of vessel’s ETA – Sellers rejecting nomination – Whether buyers’ notice valid – Whether sellers’ rejection repudiatory – Damages – GAFTA Form 120

(2011) 832 LMLN 1

Sale of Goods

Riva Bella SA v Tamsen Yachts GmbH (The "Namaste") - QBD (Comm Ct)(Eder J) - 6 June 2011

The claimant buyer, a Luxembourg company, agreed to purchase the super yacht M/Y Namasté from the defendant seller, a German company, pursuant to an agreement dated 14 May 2008.

Suek AG v Glencore International AG (The "Hang Ta") - QBD (Com Ct)(Burton J) - 19 May 2011

By a contract of sale dated 1 December 2009 the claimant seller agreed to sell to the defendant buyer 390,000 mts +/- 10% at the seller’s option of unclean coal in six shipments across the four quarters of 2010 on a cif basis.

Valency International Trading Pte Ltd v Alton International Resources Pte Ltd - High Court of Singapore)(Jordan Tan AR) - 3 March 2011

On 27 July 2009 the plaintiff buyers and the defendant sellers agreed that the defendants would sell to the plaintiffs 65,000 mts of iron ore fines at US$86 per mt with a laycan period from 1 to 10 August 2009.

Alphamate Commodity GmbH v CHS Europe SA and Anr (The "Golden Star") - United States Court of Appeals (5th Circuit)(Jones CJ, Prado Ct J and O'Connor DJ) - 29 November 2010

The plaintiff (“Alphamate”) obtained a Rule B attachment in New Orleans on a shipment of corn that had been loaded on the vessel Golden Star bound for Green Valley for Animal Feed Libya (“AFL”) in Tripoli, Libya.

Röhlig (UK) Ltd v Rock Unique Ltd - Court of Appeal (Sedley, Moore-Bick and Aikens LJJ) - 20 January 2011

Rock Unique Ltd (“the defendant”) purchased a quantity of Indian sandstone from a seller on fob terms.

Borealis AB v Geogas Trading SA - QBD (Comm Ct) (Gross LJ) - 9 November 2010

By a contract made on 22 August 2003 the defendant (“Geogas”) agreed to sell to the claimant (“Borealis”) 5,200 mt of butane as a feedstock for Borealis’s integrated olefin plant situated at Stenungsund, Sweden.

KG Bominflot Bunkergesellschaft Für Mineralöle mbH & Co KG v Petroplus Marketing AG (The “Mercini Lady”) – Court of Appeal (Maurice Kay, Rix and Patten LJJ) – 19 October 2010

By a contract dated 9 January 2007 the defendant sellers sold to the claimant buyers 38,500 mt of gasoil to be shipped on board the vessel Mercini Lady or substitute FOB Antwerp.

Soufflet Negoce v Bunge SA – Court of Appeal (Longmore, Wilson and Toulson LJJ) – 13 October 2010

A contract was concluded on GAFTA Form 49 by which the sellers sold to the buyers a consignment of 15,000 tons of feed barley FOB Nikotera, Ukraine.

Angara Maritime Ltd v Oceanconnect UK Ltd and Anr (The “Fesco Angara”) – QBD (London Merc Ct)(HHJ Mackie QC) – 29 March 2010

On 3 July 2008 the vessel Fesco Angara was time-chartered for what was intended to be a period of 12 months.

Geofizika DD v MMB International Ltd (The “Green Island”) – Court of Appeal (Lord Neuberger of Abbotsbury MR, Sir Nicholas Wall P and Thomas LJ) – 28 April 2010

In October 2006 the claimant buyers agreed to buy from the defendant sellers three Land Rover ambulances for £74,952 “CIP [carriage and insurance paid] Tripoli”.