Main - Danil Hristich. English Law Blog

Gafta Contracts and Arbitration 2025: What Has Changed

2025-10-16 5 Mins Read

As of 1 October 2025, several amendments to Gafta contracts and arbitration rules have come into effect. The changes include revised provisions on delivery under a Letter of Indemnity (LOI), modified appropriation deadlines in several proformas, clarification of the “deemed default” date, a shorter deposit payment period under Gafta 126, finality of quality under Gafta 47 and 49, the introduction of a sampling clause for EU deliveries, and the standardisation of electronic submissions under Gafta…

GAFTA: When a Seller under FOB Cannot Claim the Price — Trans Trade RK SA v State Food and Grain Corporation of Ukraine [2025] EWHC 1803 (Comm)

2025-07-31 7 Mins Read

The English High Court has handed down a decision affecting the rights of grain traders to recover unpaid contractual prices, overturning three GAFTA awards worth over USD 22 million. The case of Trans Trade RK SA v State Food and Grain Corporation of Ukraine [2025] EWHC 1803 (Comm) (17 July 2025) highlights the critical distinction between a seller’s right to claim the full price of the goods and the right to claim damages only. Background:…

Challenging GAFTA Jurisdiction in the English Courts: CAFI v GTCS Trading DMCC [2025] EWHC 1350 (Comm)

2025-07-14 7 Mins Read

In June 2025, the Commercial Court in London (High Court of Justice) handed down an important judgment concerning a challenge to a decision of the GAFTA Board of Appeal. CAFI – Commodity & Freight Integrators DMCC v GTCS Trading DMCC [2025] EWHC 1350 (Comm), demonstrates how arbitrators may exceed their jurisdiction and establishes an important precedent on overlapping arbitration agreements. The case offers a number of practical lessons for market participants. Factual background: two contracts…

What is International Arbitration?

2025-05-28 11 Mins Read

In today’s globalised world, business routinely transcends national borders, which inevitably gives rise to disputes between companies from different jurisdictions. To resolve such conflicts, a mechanism has been developed that enables the effective settlement of disagreements without recourse to national court systems. International arbitration has become a trusted method of resolving cross-border commercial disputes, widely relied upon by businesses across the globe. Definition of International Arbitration International arbitration is an alternative (non-judicial) method of dispute…

FOSFA Arbitration Rules 2025: Five Key Changes

2025-05-06 5 Mins Read

FOSFA (The Federation of Oils, Seeds and Fats Associations) has updated its Arbitration and Appeal Rules. The new version, effective from 1 April 2025, introduces significant amendments to arbitration procedures, which will directly affect all participants in the agri-trade sector. How do the new rules differ from those in force since 1 April 2024, and why does it matter for your business? 1. FOSFA Jurisdiction: Express Ban on Jurisdictional Appeals Position in 2024: The previous…

Damages under English Law

2025-04-28 19 Mins Read

English law has a long-standing tradition and a clearly structured system of awarding damages, developed over centuries through case law and precedent. An understanding of the principles governing damages under English law is essential for international contracts and disputes, as English law is often chosen as the applicable law in commercial agreements. In this article, we will examine the key aspects of the system of awarding damages under English law, including the different types of…

Force Majeure in the India-Pakistan Conflict: Legal Implications for Agricultural Trade

2025-04-25 12 Mins Read

The diplomatic relationship between India and Pakistan has deteriorated significantly following a terrorist attack on April 22, 2025. A group of armed militants attacked tourists in the Baisaran meadow near Pahalgam in Indian-administered Kashmir, killing 26 people. “The Resistance Front” (TRF), believed by Indian officials to be linked to Pakistan-based Lashkar-e-Taiba, claimed responsibility for the attack. India’s response has been swift and severe: Closure of land borders with Pakistan Revocation of visas issued to Pakistani…

What Do “Without Prejudice” and “Subject to Contract” Mean in English Law?

2025-04-15 9 Mins Read

Without prejudice is a legal principle in English law which protects communications between parties attempting to settle a dispute. Such communications cannot be used as evidence in court if the attempt to settle is unsuccessful. The significance of without prejudice in English law is that communications marked in this way are inadmissible as evidence in legal proceedings. What Does “Without Prejudice” Mean? When letters, documents, or oral discussions are marked without prejudice, it means that…

Solicitors and Barristers – What Is the Difference?

2025-04-08 10 Mins Read

The British legal system differs significantly from most continental European systems, and one of the most notable distinctions is the division of the legal profession into two branches: solicitors and barristers. If you have ever dealt with the British legal system —or at least watched British legal dramas or read detective novels — you have likely encountered these terms. But what exactly is the difference between a barrister and a solicitor? Solicitor or Barrister –…

Incoterms 2020

2025-04-03 9 Mins Read

Incoterms 2020 are international rules that define the terms of delivery of goods in international trade. The abbreviation derives from the English phrase International Commercial Terms. The Incoterms 2020 rules were developed by the International Chamber of Commerce (ICC) and entered into force on 1 January 2020, replacing the previous edition – Incoterms 2010. What are Incoterms 2020 Incoterms 2020 serve as a kind of international trade language, helping the parties to international contracts clearly…