Transcatalana De Commercio SA v Incobrasa Industrial ECommercial Brazileira SA (The “Vera”) - QBD (Com Ct)(ManceJ) - 19 April 1994

Appeal from GAFTA arbitration award - Board finding that buyerswere precluded from relying on right to reject shippingdocuments - Respondent’s notice claiming that award was justifiedon different basis - Respondent’s notice requiring arbitrators tomake further findings - Whether Appeal should be adjourned pendingrespondents’ application to Court for an order that arbitratorsshould give further reasons

A contract for the sale of a total of 6594 metric tons of soyabean meal provided for “Shipment: FOB stowed and trimmed in Rio Grande, at INCOBRASA’s berth” and for payment cash againstdocuments in Sao Paulo. The reference to INCOBRASA’s berth was a reference to the sellers’ own berth. There were other berths atRio Grande from which soyabean meal was exported, including theTTS berth. The buyers nominated the vessel Vera.