Vague Agreement

The recent decision of the Court of Appeal on the safety of conditions is MRI Trading AG against Erdenet Mining Corporation LLC [2013] EWCA Civ 156. EMC, a Mongolian mining company, and MRI, a Swiss trading company, have entered into arbitration over the supply of copper concentrate. They entered into the agreement of three copper supply contracts. The first two supply agreements covered 2009 and were executed. The third, which dealt with deliveries in 2010, resulted in another dispute. The MRI claimed damages for non-delivery and sought more than $10 million. EMC`s defence was that the relevant provisions of the 2010 contract, on which the MRI balked at the MRI assertion, were mere agreements. The conditions are as follows: contractors always want to develop a contract in order to avoid future differences of opinion. Here are some options to avoid ambiguities in a contract: the above examples referred to situations in which the parties had not indicated price or remuneration. What will happen if the treaty does not specify what a party should do in terms of performance? First, if a party has committed to a specific obligation and the contract is clearly legally binding, English law will endeavour to find substance in the undertaking, even if it is described in general. Durham Tees Valley Airport Ltd/Bmibaby Ltd [2010] EWCA Civ 485 involved a contract under which an airline was tasked with „operating and flying“ two of a certain type of aircraft from an airport for a period of ten years. All fees and service payments were included in the contract. Nevertheless, the agreement was deemed too uncertain by the trial judge.

In the absence of a clause providing for a minimum number of flights over a period of time, the judge found that the undertakings had not been expressed with sufficient precision to be enforceable. … The action. The second point is that the arbitration agreement at issue is vague and uncertain and therefore cannot be applied legally. The learned judge implies against… the agreement has already been established. Mr. Bhabra argues that the arbitration agreement is vague and uncertain for two reasons; First, it is vague and uncertain about the number of… The agreement is absolutely vague and uncertain and does not legally constitute an arbitration agreement.8. Mr. Bhabra referred to certain decisions as the basis for his assertion that a vague…

The defendants, to harass the plaintiff, entered into a vague agreement of Leasing qua the Land complaint with an agreement jaswant singh empty of the lease of 18.6.2011, for which they are not entitled… I said no. An agreement to sell 31.3.2004 was reached between the parties.