Quadra Commodities SA v XL Insurance Company SE & Ors

Jawdat Khurshid QC and Anna Gotts (instructed by Reed Smith LLP) for the Claimant Peter Macdonald Eggers QC and Sandra Healy (instructed by Clyde & Co LLP) for the Defendants Hearing dates: 31 January, 1-3, 7-8 February 2022 ____________________

By its letter before action dated 23 December 2019 Quadra exercised its right under this clause to require the Policy to be governed by English law and subject to the jurisdiction of the English courts.

The 'Payment' terms were the same as in Addendum 7, save that the period for transferring the goods at internal warehouses was 1-15 November 2018.

(1) On 8 October 2018 Bastico issued a report confirming that about 5000 MT of corn, grade 3, was stored at the Zaplazsky Elevator. The Elevator provided Bastico with a letter and a Form-36 (an official Ukrainian document containing the quantity and quality of cargo stored for a client) stating that 5000 MT was stored for the account of Quadra.

(2) On 12 November 2018 Bastico issued a report confirming that about 10,000 MT of corn, grade 3, was stored at the Elevator. Again, the Elevator provided Bastico with a letter and a Form-36, stating that 10,000 MT was stored for the account of Quadra.