Suek AG v. Glencore International AG (The “Hang Ta”) – QBD (Comm. Ct.), 19 May 2011

CIF SALES CONTRACT -- WIBON -- BERTH CONGESTION CONCURRENT WITH TIDE DELAY -- Seller Award Upon arrival at the discharge port the berth was occupied and inaccessible owing to tide. Per the WIBON phrase in the CIF Sales Contract, Notice of Readiness (NOR) could be tendered prior to arrival in berth should the berth be occupied. The Buyer, however, argued that in this instance NOR must be tendered at the berth since congestion was not the sole cause of delay.