Ayhan Sezer Yag Ve Gida Endustrisi Ticaret Limited Sirket v Agroinvest SA
| Judge | His Honour Judge Pearce |
| Neutral Citation | [2024] EWHC 479 (Comm) |
| Year | 2024 |
| Court | Queen's Bench Division (Commercial Court) |
| Counsel | Mr Paul Toms,Mr David Semark |
| Date | 05 March 2024 |
Neutral Citation Number: [2024] EWHC 479 (Comm)
Claim No: LM-2023-000012
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
KING’S BENCH DIVISION
LONDON CIRCUIT COMMERCIAL COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 05/03/2024
Before :
HIS HONOUR JUDGE PEARCE
SITTING AS A JUDGE OF THE HIGH COURT
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Between :
AYHAN SEZER YAG VE GIDA ENDUSTRISI
TICARET LIMITED SIRKETClaimant
- and -
AGROINVEST SADefendant
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- - - - - - - - - - - - - - - - - - - - -
Mr PAUL TOMS(instructed by PENNINGTONS MANCHES COOPER LLP) for the
Claimant
Mr DAVID SEMARK (instructed by KEYSTONE LAW LIMITED) for the Defendant
Hearing dates: 11 December 2023
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Approved Judgment
This judgment was handed down remotely at 10.00am on 05 March 2024 by circulation to the
parties or their representatives by e-mail and by release to the National Archives.
.............................
His Honour Judge Pearce
Approved Judgment
Ayhan Seyzer v Agroinvest
His Honour Judge Pearce :
INTRODUCTION
1.This is an Arbitration Claim arising from an award (“the Award”) by a Board of Appeal
of the Grain and Feed Trade Association (“GAFTA”) on an appeal from the First Tier
Tribunal (“the FTT”) . The award was made by Ms S Bell, Ms S Kosorog, Mr B Tappy,
Mr D Lucas and Mr P G Davies (“the Board”). It is dated 18November 2022 and
identified as “Appeal Award No. 4646.”
2.The underlying contract to which the Award related (“the Contract”) involved the sale
of rape meal and soybean meal by the Defendant to the Claimant. The contract was
concluded on 2 April 2018. By the award, the Board determined that the Claimant was
in repudiatory breach of contract by an email dated 27 April 2018, accepted by the
Defendant on 7 May 2018. The Board determined that the Defendant was entitled to
damages in the sum of US$484,921.29 calculated by reference to evidence adduced
by the Defendant and based on the date of default as found by the Board; but that this
claim was extinguished by the prepayment of US$494,500 (“the Advance Payment”)
made by the Claimant, described in the Contractas an “advance payment/guarantee”,
which the Defendant was entitled to retain.
3.The claim is brought on two questions of law:
a.What was the “date of default” for the purpose of clause 23(3) of the Grain
and Feed Trade Association contract 100 (“GAFTA 100”)?
b.On the true construction of the contract between the parties, was the Advance
Payment non-refundable in the event of breach on the part of the Claimant?
4.Permission to bring the claims on both grounds was granted by HHJ Pelling KC on 27
April 2023.
5.Thematter came before me for hearing on11 December 2023, when Ireserved
judgment.
EVENTS LEADING TO THE CONCLUSION OF THE CONTRACT
6.It is common ground that the Contract was on the terms annexed to an email of 2
April 2018. The relevant background to the entering conclusion of the contract is as
follows:
a.On 22 March1, the Defendant sent to the Claimant a draft contract including
the terms later annexed to the email of 2 April as to payment and shipment.
Those terms were:
i.In respect of shipment:
“1st vessel – prompt
1 Hereafter, in referring to dates relating to the conclusion of the contract and its subsequent repudiation, I shall
omit the year since all events happened in 2018.
2
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