07.03.2012 ГАФТА объявила о некоторых изменениях в своих правилах, вступающих в силу 01.04.2012. В частности, изменения внесены во все контракты на условиях поставки ФОБ, североамериканские контракты №№ 27, 30, 31, Арбитражный регламент № 125 и в Факультативные оговорки (Правило № 131).
On 7 March 2012, GAFTA announced several changes to its contracts, which will come into force on 1 April 2012.
FOB contracts
The first change is of particular note, since it is a response to the Court of Appeal’s decision in Soufflet Negoce SA v Bunge SA (13 October 2010), which was reported in the October 2010 issue of this Bulletin. The Court of Appeal held in that case that although cargo holds must be typically clean before a shipowner may issue a notice of readiness under a charterparty, clear words are needed if this requirement is to be incorporated into a FOB sale and purchase contract.
With this in mind, GAFTA has added the following provisions to all their FOB contracts:
“Vessel(s) to be clean and fit to receive the goods and to load in accordance with the custom of the port of loading unless otherwise stipulated”.
North American strike terms
Changes have been made to “Strikes and Other Causes in Delay of Shipment” clauses in GAFTA contracts 27, 30 and 31, which are the Canadian and American grain contracts. It will no longer be a requirement that relevant events are certified, and the stipulation that certification will be final has been removed.
Arbitration Rules 125
An oral hearing may now be granted on terms the Tribunal or Board of Appeal consider appropriate.
Optional Clauses Contract 131
In Optional Clauses Contract 131, new “Stowage Bags” option clauses have been included for CIF and FOB contracts. References to stowage bags have been removed from other GAFTA contracts.
Автор:John Rollason, Associate, on +44 (0)20 7264 8345, or john.rollason@hfw.com
Источник:http://www.hfw.com/publications/bulletins/commodities-bulletin-march-2012/commodities-bulletin-march-2012-gafta-contract-reprints-1-april-2012