Tuesday 27 June 2023
This is an appeal against a committal order made by Cockerill J on the 4 February 23. Elhachmi Boutguery was committed to prison for 12 months for the contempt by Grain House International.
Background – ADM is a Swiss company which buys, processes and sells agricultural products. It is a subsidiary of the Archer Daniels Midland Company, an American Company which is listed in the Fortune 500. Copragri (“GHI”) is a Moroccan company which claims to be a leader in the import of cereals in Morocco.
ADM’s application arises out of GHI’s failure to pay a GAFTA Award dated July 2018 in ADM’s favour (“the Award”) awarding ADM the sum of USD 3,423,711.14 plus interest and EUR 152,058.07 plus interest together with £7,865.00 in arbitration fees and expenses.
The background to the Award is that in 2014-2016 ADM had entered into several contracts with GHI for the sale of various agricultural commodities (“the Sale Agreements”). In accordance with the Sale Agreements, ADM delivered the goods and GHI paid the purchase price. During its performance of the Sale Agreements, ADM incurred certain costs which the parties had agreed, would be reimbursed by GHI. However, GHI failed to pay those sums when they were due.