HUYTON SA. v. PETER CREMER G.m.b.H. & Co.

[1999] 1 Lloyd's Rep. 620

QUEEN'S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice MANCE

Sale of goods (f.o.b.) - Agreement - Validity - Sellers sold wheat to buyers - Payment to be cash against listed documents - Demurrage incurred at loading port - Shipping documents rejected for not conforming - Buyers agreed to pay for goods if sellers dropped demands to arbitrate demurrage and bank guarantee expenses claim - Sellers accepted payment - Whether agreement binding - Whether made under duress - Whether buyers entitled to declaratory and injunctive relief preventing sellers pursuing claims in arbitration.