Finco International AG v Integra Petrochemicals AG [2026] EWHC 727
Integra sold a quantity of MTBE to Finco, delivery ex-ship ARA (in the event Amsterdam) within a specified 14 day window. By agreement, ex-ship was changed to CIF. Finco alleged repudiatory breaches by Integra on the bases that neither was the nominated ship, “Aramon”, suitable for the Amsterdam facility, nor was the cargo delivered within the agreed window, and sought recovery of their LC payment. The Court ruled that (a) Finco’s stance on suitability of “Aramon” was equivocal such that they could not rely on a repudiatory breach and (b) once changed to CIF, by reason of incorporated BP GTCs, the delivery window was no longer a strict one, such that late arrival did not constitute a repudiatory breach either.
