Glencore Agriculture B.V. (formerly Glencore Grain B.V.) v Conqueror Holdings Limited [2017]

Glencore Agriculture B.V. (formerly Glencore Grain B.V.) v Conqueror Holdings Limited [2017] EWHC 2893 (Comm)

“The first Glencore knew of an arbitration claim against it was when it received the Tribunal's Award. The Commercial Court set aside the Award, finding that neither the arbitration notice nor subsequent documentation had been effectively served upon Glencore. All notices and documents had been served by email to a junior employee who had some involvement in operational post-fixture matters, but no involvement in the handling of the dispute and no actual or ostensible authority to accept service of proceedings. Mr Justice Popplewell noted that whilst service by email is capable of being an "effective means" within the meaning of s.76(3) of the Arbitration Act, there is no principle that service by email should be available in most cases; service on a particular individual in a particular case may not be effective.”

Angeliki Georgouli
E. G. Arghyrakis & Co.
22nd November 2017