Huyton SA v Peter Cremer GmbH & Co - QBD (Com Ct)(Mance J) - 21 October 1998

Economic duress FOB - Contract of sale - Dispute arising in relation to demurrage - Sellers of goods alleging they were forced by buyers to enter into compromise agreement irrevocably withdrawing their right to arbitrate in connection with demurrage dispute - Whether compromise agreement induced by duress

On 13 September 1995 the plaintiff buyers entered into a sale contract with the defendant sellers for the shipment and sale of 30,000 mt Romanian milling wheat FOB spout trimmed Constantza. Demurrage was to be ‘max. 11.000 US$ as per C/P’. The charter was otherwise subject generally to GAFTA form 64, which by clause 29 included provision for GAFTA arbitration in London of any dispute arising under the contract.