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ARTICLE · 07 JULY 2020

Dispute Resolution And Arbitration Update – June 2020

National Agricultural Cooperative Marketing Federation of India, Appellant, and Alimenta S.A., Respondent, a canalizing agency for Government of India, entered into a contract dated January 12, 1980 for supply of ...

IndiaLitigation, Mediation & Arbitration

RECENT JUDGEMENTS

National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A.

MANU/SC/0382/2020

Background facts

  • National Agricultural Cooperative Marketing Federation of India (NAFED), Appellant, and Alimenta S.A. (Alimenta), Respondent, a canalizing agency for Government of India, entered into a contract dated January 12, 1980 for supply of 5000 metric tonnes of Indian HPS groundnut (Commodity) for year 1979-80. The contract was a standard form Cost, Insurance and Freight contract of Federation of Oils, Seeds and Fats Associations Ltd (FOSFA).
  • Clause 14 of contract provided that in case of prohibition of export by executive order or by law, contract would be treated as cancelled.

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