K v A [2019]

K v A [2019] EWHC 1118 — 3 May 2019 (Popplewell J)

“The Court dismissed the appeal against an arbitration award which ordered the Buyer, K, to pay the balance of the price under a contract of sale of a cargo of sunflower meal. K was victim of fraud as the payment was directed to an account other than that of the Seller, A, by a forged email. The Court upheld the Tribunal's ruling that K bore the risk of false instructions and its contractual obligation was to ensure that payment in cash was received by A in its nominated bank account. The Court however remitted the award back to the Tribunal on the grounds of serious irregularity in failing to hear K's argument as to validity of the true instructions.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
09th May 2019