excluding tankers and vessels which are either classified in Lloyd’s Register or described in Lloyd’s. Shipping Index as “Ore/Oil” vessels. (b) No obvious clerical error in the documents shall entitle Buyers . of supervision and sampling of the goods, from the GAFTA Register of. Any extra charges for loading single and/or tween deckers (self-trimming bulk carriers excluded) and in any. 79 space/hold/tank other than.

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Australia is rapidly gaining ground as an attractive seat for international arbitration within the Asia-Pacific region. Where parties intend a specific clause to override or be qualified by a standard clause, this should be set out clearly in the contract itself.

This time the relevant contract terms included a licence clause which obliged the seller to obtain “at his own risk and expenses any export licence or any other official document” Licence Obligation. Interested in the next Webinar on this Topic? It held that on a true construction of the contract, where an FOB buyer nominates a substitute vessel pursuant to its right under GAFTA 49, that nomination had to comply with the terms of the contract of sale, including those as to nomination and pre-advice.

Cross-border non-disclosure agreements NDAs: Often, an ounce of prevention at the drafting stage is worth a pound of cure once the contract is in force.

Your LinkedIn Connections at Firm. News About this Firm. In case of re-sales a provisional notice shall be passed on without delay, where possible, by telephone and confirmed on the same day in accordance with the Notices Clause.

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As a consequence GAFTA has now amended the nomination clause gaftz confirm that pre-advice terms for an original nomination do not apply to a substitute vessel provided that the substitute vessel arrives no earlier than the estimated time of arrival of the original vessel nominated and within the delivery period.


Traders should give careful consideration before taking the “mix and match” approach to contract drafting. To reach this conclusion, the court applied guidance by the Court of Appeal in a different export quota case 2affirming that the first task is to see if clauses can sensibly be read together; only if they cannot is there an inconsistency.

In Nibulonthe two clauses were not in conflict; but further consideration was needed by the Board about whether the seller’s’ inability to perform was caused by quota restrictions or the authorities’ failure to issue export licences. The new Trans-Pacific Partnership. Notice of substitution to be given as soon as possible but in any gaftw no later than one business day before the estimated time of arrival of the original vessel. The debate ultimately moved to the Court of Appeal where it was held in Bunge SA v Nidera BV [] LLR that the prohibition clause would only operate if the seller’s inability to perform was caused by the restriction.

Grain and Feed Trade Contracts

Contracts often state that certain provisions are to prevail over others to the extent of any conflict between them. More from this Firm. Although the above discussion has focused on the issue of prohibition clauses, the common law principles and analysis used in Pagnan and Nibulon are of general application. When poor harvest conditions led Ukraine to introduce grain export quota restrictions in Octobersome sellers were unable to secure the required export licences.

When incorporating multiple clauses such as an entire alternative sale contract each provision should be cross checked for overlap, competing operation or inconsistency. At the time Bunge purported to terminate, that was not the case and the clock could not be wound back by Bunge subsequently offering to reinstate the contract.


Sellers shall if necessary complete loading after the delivery period and carrying charges shall not apply. Contracts and Commercial Law.

It is, therefore, essential to monitor closely any updates and amendments, as these can have significant impact on those persons trading these commodities. No new pre-advice is required to be given in respect of any substitute vessel, provided that the substitute vessel arrives no garta than the estimated time of arrival of the original vessel nominated and always within the delivery period.

However it is impossible to foresee all eventualities, and different views are possible about, for example, whether competing provisions cover the same ground in different ways, impose different outcomes, can or cannot be reconciled and if so how. Real Estate and Construction. Challenging the regime in international arbitration: The Court therefore concluded that the nomination of the vessel was not made fafta accordance with the contract because it did not comply with the contractual requirements for the original nomination.

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GAFTA has recently published new amendments to its standard form contracts, which relate to the provision gavta phytosanitary certificates and nomination clauses.

On 26 March, the buyers purported to make a substitution, and nominated a vessel with an ETA of 28 March. These amendments became effective from 1 and 7 Septemberrespectively. More from this Author.

Bunge SA declared a wheat export contract cancelled on 9 August but were met by a claim for default from Nidera BV as buyers, who argued that the announcement on 5 August of a ban that would take effect on 15 August did not automatically cancel a contract for FOB delivery between 23 and 30 August. Food, Drugs, Healthcare, Life Sciences.