Power of Court to Uphold Arbitral Award on Alternative Grounds
CTI Group Inc. v. Transclear SA (The Mary Nour), 2007 WL 3001775, [2007] EWHC 2340 (Queen’s Bench Div., Commercial Court)
This case arose out of the non-delivery by the sellers of a quantity of cement. The sellers had argued that the contract had been frustrated by the actions of the Mexican cement cartel. The Tribunal held that the contract had been frustrated but, if they were wrong on that, the buyers had a valid claim for damages. The buyers appealed to the English High Court on the main finding of frustration of contract. The appeal succeeded, the High Court finding the wrong legal test for frustration had been applied.
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