Civil Procedure · The Business and Property Courts (Commercial Court)
SET Select Energy GmbH v F & M Bunkering Ltd
Checked against the judgment on 28 August 2026 · how we verify
Facts
The claimant, S.E.T. Select Energy GmbH, a German company, supplied bunkers to vessels on the River Danube for the defendant, F&M Bunkering Limited, a Cyprus company, and claimed $1.2m together with interest for the price of goods sold and delivered. The supply contracts were governed by English law and contained an exclusive jurisdiction clause in favour of the London High Court. As part of the commercial arrangements, F&M procured a demand bank guarantee from Bank of Cyprus for US$1 million, issued on 12 October 2011 and subject to the Uniform Rules on Demand Guarantees, URDG 758. S.E.T. made demand under the guarantee on 30 November 2012, and on 4 December 2012 F&M began proceedings in the Limassol District Court in Cyprus, obtaining an interim injunction restraining payment on the basis that the demand rested on fabricated transport documents. S.E.T. issued its English claim in the Chancery Division on 21 February 2013, serving it on 12 March 2013. F&M acknowledged service on 18 April 2013 indicating an intention to contest jurisdiction and applied on 3 May 2013 for a stay under CPR Part 11 in favour of the Cyprus proceedings — an application made out of time. S.E.T. applied on 15 May 2013 for judgment in default of defence. Master Teverson transferred the matter to the Commercial Court on 26 June 2013.
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