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ARTICLE · 12 OCTOBER 2009

HFW Commodities Bulletin - September, 2009

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In its recent decision in Trafigura Beheer BV v Yieh Phui (China) Technomaterial Co Ltd & anor (24 July 2009) the Commercial Court considered the issue of incorporation of general terms and conditions into commodities contracts and the significance in this context of previous contracts between parties.

United KingdomFinance and Banking

Incorporation Of General Terms And Conditions In Commodities Contracts
By Marine Pesret

In its recent decision in Trafigura Beheer BV v Yieh Phui (China) Technomaterial Co Ltd & anor (24 July 2009) the Commercial Court considered the issue of incorporation of general terms and conditions into commodities contracts and the significance in this context of previous contracts between parties.

In 2005 and 2006 Trafigura agreed contracts for the sale and delivery of zinc to Yieh Phui Enterprise ("YPE"). The negotiations were conducted by Trafigura's local agent, Parex Metals, and by E-United Group on behalf of YPE. The written contracts incorporated Trafigura's physical non-ferrous metal trading general terms and conditions (the "GTCs"), which included a clause stipulating that disputes should be determined in London in accordance with the Arbitration Regulations of the LME. The GTCs had not been discussed by Parex and E-United, who had focused on agreeing the main

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