The “Bulk Uruguay”: No Anticipatory Breach Where Future Performance is Contingent On a Third Party’s Conduct

By | Ship Law Log | April 15, 2014

In Geden Operations v Dry Bulk Handy Holding Inc (The “Bulk Uruguay”) [2014] EWCA 885, the Commercial Court, in rejecting an appeal under s.69 Arbitration Act 1996, considered the impact of words or conduct giving rise to uncertainty about future performance, the contingency of which rested upon the conduct of a third party, and whether this can amount to anticipatory breach of contract.