This session would examine the fine line between legitimate commercial pressure and anticipatory/repudiatory conduct in commodity and shipping contracts. It will explore when a party may lawfully terminate a contract without exposing itself to claims of wrongful termination, drawing on practical examples involving non-nomination of vessels, late shipment, and failure to open letters of credit.
Key discussion points:
- Understanding the threshold for anticipatory/repudiation in commodity and shipping contracts.
- Common fact patterns: performance delays, missed laycans, documentation failures.
- How arbitral tribunals distinguish between tactical negotiation and anticipatory breach.
- The role of timing, communication, and mitigation in assessing default.
- Practical lessons from GAFTA, FOSFA, and LMAA awards on right to terminate and damages.
- Risk management strategies: drafting clear termination triggers and notice provisions.
Followed by a Q&A session and a networking cocktail
Speakers
Cyrus Siassi
Founding Partner, SMBC Law
Solicitor of the Senior Courts of England & Wales
Attorney-at-Law, admitted to the Geneva Bar
Christina Charemi
Of Counsel, SMBC Law
US attorney / disputes specialist
Amanda Andrade
Senior Associate, SMBC Law
Brazilian-qualified lawyer
Registration
Standard pass, day pass or transferable pass needed.
Open registration.