Insights — Grain Disputes
PRACTICE NOTES

Grain Trade.
Contracts. Disputes.

Practical notes on GAFTA and FOSFA arbitration, demurrage, quality disputes, and the clauses that matter when things go wrong.

LATEST NOTES

Read before the dispute becomes expensive.

Short practical notes from grain trade disputes, standard forms and arbitration practice. Each article is meant to help spot the point that changes the position.

ENGLISH LAW·August 2026
Without Prejudice Is Not Magic
The words WITHOUT PREJUDICE are often added to correspondence as if they were a legal version of abracadabra. They are not.
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ENGLISH LAW·August 2026
"Safe Berth" Is Not What You Think
A safe berth issue is not always about storms or rocks. In one FOSFA arbitration, the real danger came from outdated depth information the master was entitled to rely on.
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ENGLISH LAW·July 2026
Force Majeure: Do Not Wait for a Certificate. Build the File.
In a GAFTA dispute, there is no magic certificate that proves force majeure. What matters is contemporaneous evidence: agent emails, Notices to Mariners, terminal correspondence, AIS data, and a clear causal link to non-performance of the actual contract.
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ENGLISH LAW·July 2026
ADMK Closed? Open the Contract First
The closure of the Azov-Don Sea Canal does not automatically create force majeure. Under GAFTA and English law, everything turns on the contract wording, timely notice, evidence, and the actual impact on performance.
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DISPUTES·July 2026
Wrong Address, Lost Award: Serving an Arbitration Notice Properly
An arbitration notice sent to an employee who lacks authority may not commence the arbitration at all. In Glencore v Conqueror, that defect was enough to set aside the award.
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CONTRACTS·July 2026
GAFTA 49 Explained: How the FOB Standard Form Works
GAFTA 49 is the standard FOB form: who nominates the vessel, how extension works, what GAFTA 123, 124 and 125 add to your contract, and where FOB sellers and buyers lose money.
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EXECUTION·July 2026
Wheat Quality: A Guide for the Reasonably Suspicious
Quality figures in a wheat contract are only useful if the method, basis, sample and laboratory are clear. Without those details, a certificate can quickly become a dispute.
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CONTRACTS·June 2026
Arbitration Clause: When a Friendly Deal Stops Being Friendly
An arbitration clause may look like a formality until performance breaks down. If it is vague, the first dispute may be about how to start the arbitration at all.
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