Vitol SA v Beta Renowable Group SA [2017]

Vito! SA v Beta Renowable Group SA [2017] EWHC 1734 (Comm) - 07July 2017 (Carr J)

“Beta indicated an inability to provide biofuel to Vitol under a FOB contract; Vitol then simply failed to nominate a vessel in time, later sending a notice of contractual termination. Vitol contended that its failure to nominate was tantamount to acceptance of Beta's renunciatory breach, entitling it to claim damages. Beta argued that its obligation to deliver was conditional upon timely nomination. The Court concluded that Vitol's conduct was not sufficiently clear and unequivocal as to constitute acceptance of a renunciatory breach. However, in the circumstances the obligation to nominate was "stripped of its purpose and otiose" and could not amount to a pre-condition. Therefore, Beta was not relieved of its obligations and Vitol was entitled to damages.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
12th July 2017