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Huyton -v- Peter Cremer G.m.b.H & Co.

21st Oct 1998

[1999] 1 Lloyd’s Rep. 620

Alistair Schaff acted in this case on economic duress

Sale of goods (f.o.b.) – Agreement – Validity – Sellers sold wheat to buyers – Payment to be cash against listed documents – Demurrage incurred at loading port – Shipping documents rejected for not conforming – Buyers agreed to pay for goods if sellers dropped demands to arbitrate demurrage and bank guarantee expenses claim – Sellers accepted payment – Whether agreement binding – Whether made under duress – Whether buyers entitled to declaratory and injunctive relief preventing sellers pursuing claims in arbitration.

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