District Court Vacates Award Where Tribunal Failed To Address Repeated Objections To Arbitrability……

In August of 2013, Petitioner, Copragi S.A. (“Copragi”), a Moroccan entity, and Respondent, Agribusiness United DMCC (“Agribusiness”), a citizen of the United Arab Emirates, entered into two contracts for grain cargoes (collectively, the “Sales Agreements”). The Sales Agreements contained a Grain and Free Trade Association (“GAFTA”) arbitration provision, dictating that any disputes regarding the Sales Agreements be arbitrated under GAFTA rules and under English law. GAFTA rules mandate that parties are to commence arbitration of certain disputes no later than one year after “the date of completion of final discharge of the ship at port of destination……”

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