“…. A further decision by the board is necessary to make the operative decision: compare Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions AG [2018] EWHC 1056 (Comm).…”
“… have been held to negative contractual intent include “subject to details” (The Junior K [1988] 2 Lloyd’s Rep 583), “subject to board approval” (The Palladium [2018] EWHC 1056 (Comm)) and “subject to stem” (i.e. the availability of a cargo) (Kokusai Kisen Kabushiki Kaisha v Johnson (1921) 8 Ll LR 434). The use of a “subject” in the context …”
“… deciding whether an arbitration claim under a shipbuilding contract had been settled: Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions AG [2018] EWHC 1056 (Comm). In RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co KG [2010] UKSC 14, [2010] 1 WLR 753 the Supreme Court considered its application in the context …”