IY LEGAL recently won a London Arbitration for a commodity trader involving a shipment of Italian Granulated Blast Furnace Slag (used in the cement manufacturing process) to Colombia. The disputes involved issues of cargo quality, discharge delays and additional discharging costs. The central issues considered the legal effects of a ‘Certificates Final Clause’ included in the sale contract and the case law surrounding the principles in Toepfer v Continental Grain Co [1974] 1 Lloyd’s Rep. 11 and whether the CFR seller fixed a proper Vessel? The Respondent also challenged the Tribunal’s jurisdiction.
The Tribunal ruled that it had jurisdiction and IY LEGAL’s client succeeded on all of the issues and was awarded 100% of its damages claim, plus costs.