Mitsui & Co (USA) Inc v Asia-Potash International Investment (Guangzhou) Co Ltd [2023] EWHC 1119 (Comm), King's Bench Division, Commercial Court (Mr Justice Picken) -15 May 2023

Sale of cargo - Buyer in breach of contract by not re-berthing vessel to load cargo - Seller claiming indemnity for losses incurred in earlier sales - Whether there was a chain of contracts - Remoteness - Error of law - Arbitration Act 1996, section 69

By a contract of sale dated 2 May 2012 the claimant, Mitsui, agreed to sell to the defendant, then known as DGO, 60,000 mt of Brazilian soyabeans. The contract was on the terms of the FOSFA 4 and ANEC 41 forms. The cargo was to be delivered at the port of Santos, Brazil, between 15 and 31 July 2012. Payment was to be by way of an irrevocable letter of credit to be opened by 30 June 2012. The letter of credit was duly opened.