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Seagrain LLC v Glencore Grain BV

Subject: International trade

Other related subjects: Arbitration; Sale of goods

Keywords: Arbitration appeals; Contract terms; Export controls; Grain and Feed Trade Association; Prohibition clauses; Repudiation

Summary: The prohibition clause in the GAFTA 48 contract form could not be construed so that the reference to an "executive act... restricting exports" extended to every action by an official body which had the effect of restricting exports. However, depending on the particular facts of a case, an act which implicitly restricted export might fall within the prohibition clause.

Member of Chambers: Susannah Jones acted for the respondent (instructed by Reed Smith)