Court of Appeal holds supply agreement sufficiently certain despite lack of agreement on shipping schedule and certain charges | Practical Law

Court of Appeal holds supply agreement sufficiently certain despite lack of agreement on shipping schedule and certain charges | Practical Law

The Court of Appeal has applied existing law to hold that the terms of a supply contract (the remaining one of three forming part of an agreement to settle an arbitration) were sufficiently certain to create an enforceable contract, despite a lack of agreement on the shipping schedule and certain charges. The contract did not fail as an agreement to agree. (MRI Trading AG v Erdenet Mining Corporation LLC [2013] EWCA Civ 156)

Court of Appeal holds supply agreement sufficiently certain despite lack of agreement on shipping schedule and certain charges

by PLC Commercial
Law stated as at 14 Mar 2013 • England, Wales
The Court of Appeal has applied existing law to hold that the terms of a supply contract (the remaining one of three forming part of an agreement to settle an arbitration) were sufficiently certain to create an enforceable contract, despite a lack of agreement on the shipping schedule and certain charges. The contract did not fail as an agreement to agree. (MRI Trading AG v Erdenet Mining Corporation LLC [2013] EWCA Civ 156)