In this article I wrote for Gafta World, I highlight this challenge to a Gafta Appeal Award where the High Court dismissed Sellers’ appeal under five questions of law under s.69 of the Arbitration Act 1996 relating to the complex subject of a valid vessel nomination and valid substitution.

The increased digitalisation of commercial transactions has encouraged criminals to find new ways to defraud their victims and have created new issues to untangle in arbitration proceedings. In K v A [2019] EWHC 1118, a commodities case on appeal from a GAFTA arbitration award, various issues arising from hacked emails and the payment of over USD 1 million into a fraudulent account, were examined by the Court. The article is written and reproduced with kind permission from Clyde & Co.