When is an expert’s departure from instructions deemed to be material?
A departure from instructions is material unless it is trivial or de minimis in
the sense that it obviously made no possible difference to either party.
Claimant: Veba Oil Supply & Trading GmbH (“Veba”/“Buyers”)
Respondent: Petrotrade Inc., (“Petrotrade”/”Sellers”) (United Kingdom)
Place of Court Procedures:
The parties had entered into a contract in which the respondent sold
25,000 metric tons of gasoil to the claimant. Clause 10 of the contract
provided that the quantity and quality of the cargo was to be determined by
an independent inspector at the loading installation in Antwerp and that the
inspector’s determination was final and binding on both parties. The clause
reads as follows: