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gaftarepudiationsection 69 appeal
Olam Global Agri Pte Ltd v Holbud
[2025] EWHC 3187 (Comm)
Key Principle
On a s.69 Arbitration Act 1996 appeal in a GAFTA commodity sale, an innocent party claiming substantial damages for the other's repudiation/wrongful force majeure declaration must still prove its loss and ability/readiness to perform, and damages will be reduced where the contract vessel obtained alternative employment before expiry of the relevant period; strict contractual timing (e.g. GAFTA 49 Clause 6 on vessel substitution) is enforced.
Area of Law
General
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