Arbitral Digest

Matter

Consolidated Grain and Barge Co. v Insalcor S.A. (Supreme Court of Justice case 503/2013)

Case no.
Arbitration No. 14-501
Seat
England
Applicable rules
GAFTA Arbitration Rules No. 125
  1. 17 May 2012England

    17 May 2012England

    Arbitration No. 14-501

    Grain and Feed Trade Association (GAFTA)

    Decision summary
    The award ordered Insalcor S.A. to pay Consolidated Grain and Barge Co. USD 181,135.42 for delay, with 4% annual interest from 7 July 2011, plus arbitrators' fees and arbitration costs.

    Supporting details

    6 participants
    CONSOLIDATED GRAIN AND BARGE CO.
    INSALCOR S.A.
    Grain and Feed Trade Association (GAFTA)
    Institutional administrator
    Grain and Feed Trade Association (GAFTA)
    Arbitrator
    R. Rookes
    Arbitrator
    M. Lima
    Arbitrator
    R. Barber

    1 year, 5 months and 13 days later · 531 days

  2. 30 October 2013Uruguay

    30 October 2013Uruguay

    Judgment of the Supreme Court of Justice in the case 503/2013 dated 30 October 2013

    Supreme Court of Justice

    Case no.
    503/2013
    Decision summary
    By legal majority, the Supreme Court of Justice granted recognition and enforcement of the foreign arbitral award and remitted the matter to the competent tribunal for execution. The majority held that the parties' email exchange established a written exchange accepting the arbitration clause and that the other legal requirements were satisfied. Two judges dissented, concluding that the arbitration agreement requirements were not met because the contract containing the clause was not signed by the respondent.

    Supporting details

    8 authorities · 7 participants
    CONSOLIDATED GRAIN AND BARGE CO.
    Representative
    Lucas Maloney (For: CONSOLIDATED GRAIN AND BARGE CO.)
    INSALCOR S.A.
    Representative
    Sebastián Pérez (For: INSALCOR S.A.)
    Supreme Court of Justice
    Advocate General
    Fiscal de Corte

    Authorities cited

    8
    • General Code of Procedure (CGP)
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
      treaty
    • Law No. 15.229
      statute
    • Inter-American Convention on International Commercial Arbitration (Panama, 1975)
      treaty
    • Law No. 14.534
      statute
    • Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards (CIDIP II, Montevideo 1979)
      treaty
    • Law No. 14.953
      statute
    • Judgment No. 85/2008
      case-law

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Consolidated Grain and Barge Co. v Insalcor S.A. (Supreme Court of Justice case 503/2013) · Matter