But this post isn't about presumptions of delivery or
FOB contracts.
In the alternative, the buyers submitted that the contract was on terms providing for delivery CFR Limassol and that delivery should be regarded as occurring, at the earliest, when the shipping documents were forwarded to and / or received by the buyers.His lordship held that the contract was, in fact, to all intents and purposes
an FOB contract.
In contrast, under
an FOB contract, the buyer carried the risk (and had the benefit) of any such fluctuation.
Not exact matches
He has substantial experience of disputes about title, quality and rejection, price and price adjustment, frustration, and the impact of sanctions, in relation to a range of goods, including oil, coal, ore and other commodities, and grains and other foodstuffs, and has acted in cases under CIF,
FOB and DES
contracts, as well as
contracts based on other INCOTERMS.
Where a seller under a
contract on
FOB terms retains no interest in the goods upon shipment, delivery is made at the place of shipment, under Art 5 (1)(b) of Council Regulation (EC) 44/2001 (the judgments regulation).
He has had extensive experience in charterparty work, bills of lading, cif and
fob disputes, letters of credit, ship management issues and general commercial
contract disputes.
Represented the claimant in an arbitration arising out of an LME
contract for the sale of iron ore (
FOB Mumbai), being the only known case in which commercial arbitrators were required by the English High Court to accept jurisdiction over defamation claims.