CONGIMEX S.A.R.L. (LISBON) v. CONTINENTAL GRAIN EXPORT CORPORATION (NEW YORK) AND OTHERS

[1979] 2 Lloyd's Rep. 346

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Waller and Lord Justice Cumming-Bruce

Sale of goods (c.i.f.) - Non-performance - Frustration - Buyers claimed contracts frustrated or performance illegal by Portuguese law - Whether buyers excused from liability to sellers - GAFTA 100. Arbitration - Award - Board of Appeal refused to allow buyers to put forward new defence - Whether award should be set aside or remitted for further consideration.