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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 125. Below is a detailed overview of all updates.
Payment under C&F / CFR and CIF Contracts (Letter of Indemnity and Bank Guarantees)
What has changed: The payment provisions for C&F/C&FFO/CIF/CIFFO contracts were revised with respect to Letters of Indemnity and bank guarantees.
Previous version (summary of clauses 12(d)–(f) of Gafta 48, effective from 1 January 2022):
(d) In the absence of all shipping documents upon the vessel’s arrival at the port of discharge, the seller shall provide the buyer with a Letter of Indemnity to enable discharge of the cargo.
(e) If the seller failed to provide either the documents or the Letter of Indemnity, the buyer was entitled to take delivery under its own LOI and make payment after all the shipping documents had been received.
(f) In the absence of bills of lading or other documents, the buyer was entitled to pay for the goods provided that the seller furnished a bank guarantee ensuring receipt of such documents in due course.
New version (Gafta 48, October 2025 edition, clause 12(d); summary):
(d) In the absence of a full set of shipping documents, the seller may at their option issue an LOI in exchange for payment. Clauses (e) and (f) have been deleted.
Why it matters: Previously, a seller could be compelled to release the goods against an LOI, exposing them to the risk of non-payment. Now, the seller is protected: issuing an LOI is optional, and the parties must agree separately on any discharge without documents.
Appropriation Clause in C&F / CFR and CIF Contracts: Time Limits Adjusted
What has changed: Gafta has changed the time limit for serving a Notice of Appropriation in several proformas (for instance, from 2 to 3 business days in Gafta 80) and unified the wording across contracts.
For example, in the old version of Gafta 48, clause 11(b) stated: “The Non-Business Days Clause shall not apply.” Since appropriation periods are in any case calculated in business days, that phrase was potentially confusing. It has now been deleted.
Why it matters: Timely service of a Notice of Appropriation is a condition of the contract. Delay gives the buyer the right to terminate the contract, declare the seller in default, and claim damages.
Date of Default in Gafta C&F / CFR and CIF Contracts
What has changed: The period for “automatic” default has been extended: if a Notice of Appropriation is not served within five business days after the last day of the appropriation period (previously four), the seller is deemed to be in default. The default date is the first business day after expiry of that period.
Why it matters: The date of default is crucial for damage calculation. It determines the market price against which the contract price is compared.
Final Quality under Gafta 47 and Gafta 49
What has changed: Gafta 47 and Gafta 49 now include a full Quality Clause, expressly stating that the quality at the place of delivery is final.
Why it matters: Arbitrators and courts treat final certificates strictly. Except in very limited cases (such as proven fraud), even an erroneous surveyor’s certificate remains binding and final.
Gafta 124: Sampling of Malting Barley
What has changed: Sampling Rule 9.5.2.4 of Gafta 124 has been amended for malting barley. A third analysis may now be carried out where the first two test results differ significantly (by more than 0.50%).
Why it matters: This amendment provides greater protection for buyers where the initial results differ materially.
Gafta 131: Sampling Clause for EU Deliveries
What has changed: Gafta 131 (optional clauses) now includes a new clause for goods imported in the EU.
Key provisions:
- Sampling by holds: To comply with EU regulations on pesticide residues, mycotoxins, plant toxins and other contaminants, samples must be taken per hold.
- Number of increments: to be taken from each hold; must be determined based on its Nominated Quantity, as set out in Gafta 124.
- Separate sets: A separate set of samples must be prepared for each hold and made available for analysis upon request.
Why it matters: The clause allows parties to align their sampling procedures with EU import requirements in advance, thereby reducing the risk of compliance disputes.
Gafta 126: Shorter Deadline for Deposit Payment
What has changed: Under Rule 4.1, the arbitration deposit must now be paid within 30 days, instead of 60.
Why it matters: If the deposit is not paid on time, the claim is treated as waived and time-barred. The arbitrator may exercise discretion to reinstate the claim under Rule 9, but in practice late payment is rarely excused.
Given that Gafta 126 provides for expedited arbitration (e.g. seven days to reply, compared to twenty-eight under Gafta 125), the shorter deposit deadline aligns with its summary nature.
Other Changes
Gafta has also introduced a number of minor adjustments to its arbitration rules and contract forms. For instance, Rule 4.4 of the Gafta 125 Arbitration Rules now provides that all submissions and evidence must be served by email, with hard copies only required upon the arbitrators’ request.
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