Papas Olio JSC v Grains & Fourrages SA and another [2009] EWCA Civ 1401, [2009] All ER (D) 193 (Dec)
Court of Appeal, Civil Division, Mummery, Richards and Toulson LJJ, 18 December 2009
The Court of Appeal considered the rules concerning address for service in the Federation of Oils Seeds and Fats Association Ltd (FOSFA) Rules of Arbitration and Appeal, in particular the FOSFA 4A form.
Steven Thompson (instructed by Michael Robinson) for the claimant. John Russell (instructed by Hill Dickinson LLP) for the first defendant. The second defendant did not appear and was not represented.
The proceedings concerned the existence of a contract for the purchase of Bulgarian sunflower seeds by the first respondent, G&F, from the appellant, Papas. In November 2006, it was orally agreed that G&F would purchase a consignment for delivery in November and December 2006. On the basis of that agreement, G&F’s broker issued a contract confirmation, on amended FOSFA 4A terms. It provided for London arbitration in accordance with the FOSFA rules.
A subsequent arbitration took place, in which Papas took no part. Papas’ position in correspondence, beginning with
