THAI MAPARN TRADING CO LTD V LOUIS DREYFUS COMMODITIES ASIA PTE LTD

[2011] EWHC 2494 (Comm), Queen's Bench Division, Commercial Court, The Honourable Mr Justice Beatson, 4 October 2011

Sale of goods - FOB - Loading on board ship - Sale contract requiring buyer to nominate vessel seven days before ETA or readiness to load - Whether notice containing shorter period acceptable or constituting repudiatory breach - Whether seller entitled to reject notice containing shorter period - Damages - Substantial or nominal - GAFTA terms

This was an appeal in respect of two awards made in respect of near identical contracts and events. Under both contracts, buyers were to give a minimum of seven working days' notice of the vessel's ETA but had given less. The judge held that the single arbitrator as well as the GAFTA Board of Appeal had been right in holding that the claimant as FOB seller had repudiated the contract by making clear to the defendant buyers that they did not and would not have cargo available to meet the vessel nominated in each case by the buyers.