FEDERATION OF OILS, SEEDS AND FATS ASSOCIATIONS LIMITED

FOSFA INTERNATIONAL
CONTRACT FOR CANADIAN RAPESEED
Revised and Effective
from 1st October 2006
CIF/C&F TERMS 36
Reference Nos
SELLERS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................

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BUYERS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................
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BROKERS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................
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Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
*An asterisk denotes alternative wording, and should be matter of agreement between the parties.

Sellers have agreed to sell and Buyers have agreed to buy . . . . . . . . . . . . . . . . . . . . . . . . . . . say . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tons of 1000 kilos 1
CANADIAN RAPESEED in bulk including dockage 2

at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . say . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
*delivered *cost insurance and freight
shipping weight cost and freight to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
as per Bill/s of Lading dated or to be dated during . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Payment in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as per Payment Clause. 7

Sellers may ship the usual proportion in bags for stowage purposes, such bags to remain the ship’s and/or Sellers’ property. 8
1. TOLERANCE: Sellers have the option of shipping 5% more or less on contract quantity, excess or deficiency over 2% to be settled at the *CIF/C&F 9
market price on Bill of Lading date; if the quantity is shipped in more than one ship, settlement is to be made at the market price on the date of the last Bill of 10
Lading. Such market price to be fixed by arbitration unless mutually agreed. 11
In the event of more than one shipment being made each shipment is to be considered as a separate contract but the tolerance on the mean contract quantity is not 12
to be affected thereby. 13
No payment shall be made for increase in weight occasioned by water and/or oil during the voyage. In case of sea accident (pumping up seed excepted) causing a 14
deficiency on invoice weight, provisional invoice quantity to be final, except when such deficiency cannot be accounted for by the nature of the accident and is 15
not recoverable from the underwriters. 16
2. QUALITY AND CONDITION: Quality, Condition, Grade, Dockage to be final on shipment as per Official Inspection and Grading Certificate. 17
Oil Content final as per letter provided by the Canadian Grain Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

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Dockage is not to exceed . . . . . . . . . . . % and excess dockage over . . . . . . . . . . . % to be allowed in full by Sellers to Buyers on the basis of . . . . . . . . . . . . . % 20
for . . . . . . . . . . . %, fractions in proportion. 21
The oil content shall be basis . . . . . . . . . . . % oil. 22
The Buyer shall not be entitled to reject a tender at contract price of a higher grade of seed of the same description. 23

3. WARRANTY: The seed is not warranted free from defect rendering it unmerchantable which would not be apparent on reasonable examination. 24
4. SHIPMENT AND CLASSIFICATION: Shipment in good condition, direct or indirect, with transhipment (so long as a through Bill of Lading is provided) or 25
without transhipment, in ship/s (tankers excluded), classified not lower than Lloyds 100 A1 or equivalent classification in any other recognised Register. The Bill/s of 26
Lading to show the hold/s in which the goods are stowed. For the purpose of this contract, the word ship or ships are intended to include any first class steamer and/or 27
power engined ship/s (excluding tankers and/or oil compartments of ore/oil carriers) of top classification in any recognised Register. Should any of the within mentioned 28
quantity form part of a larger quantity of the same grade, dockage and oil content shipped on board the ship in the same or a different period of shipment, a separation 29
or distinction shall not be necessary. 30
5. DECLARATION OF SHIPMENT: Notice stating ship’s names, date of Bill/s of Lading and approximate quantity shipped shall be despatched by first 31
Sellers to their Buyers not later than 7 days after the date of the Bill/s of Lading. Notices by intermediate Sellers shall be accepted by their Buyers although received 32
by them after such time, if from the 7th day after the date of the Bill/s of Lading such notices have been passed on with due despatch. The date of the ‘on board’ 33
Bill/s of Lading shall be considered proof of the date of shipment in the absence of conclusive evidence to the contrary. Notices shall be deemed to be under reserve 34
for errors and/or delays in transmission. Any slight variation in the ship’s name shall not invalidate the declaration. A valid declaration cannot be withdrawn except 35
with the Buyers’ consent. Should the ship arrive before receipt of declaration of shipment and extra expenses be incurred, such expenses are to be paid by Sellers. 36
Presentation of documents does not constitute a notice under the terms of this clause. 37
The provisions of this clause to be inoperative if the goods have been sold afloat. 38
6. EXTENSION OF SHIPMENT: The period herein specified within which Bill/s of Lading must be dated shall be deemed to include an additional period not 39
to exceed 8 days, when so desired by the Shipper, provided he gives his Buyer notice of his intention to claim additional days by any means of rapid written com- 40
munication (E-mail excluded) sent not later than the business day following the last day included in the originally stipulated period for shipment (such notice shall 41
be passed on by other Sellers to their Buyers respectively in due course after receipt). Such notice need not state the number of additional days claimed by the Seller 42
and the Seller may ship at any time within 8 additional days. The Seller, however, shall make an allowance to the Buyer, to be deducted in the invoice from the con- 43
tract price, based on the number of days by which the originally stipulated period is exceeded, as follows:— For 1, 2, 3 or 4 additional days, ½ % of the gross 44
CIF/C&F price. For 5 or 6 additional days, 1% of the gross CIF/C&F price. For 7 or 8 additional days, 1 ½ % of the gross CIF/C&Fprice. If, however, after having 45
given notice to the Buyer as above, the Seller fails to make shipment within such 8 days, then the contract shall be deemed to have called for shipment during the 46
originally stipulated period plus 8 days, at contact price less 1 ½ % and any settlement for default shall be calculated on that basis. 47
7. EXPORT/IMPORT DUTIES: All export duties, permits and similar requirements to be for Sellers’ account; all import duties, taxes, dues, permits to be 48
for Buyers’ account. 49
8. PAYMENT AND SHIPPING DOCUMENTS: Payment to be made by Buyers in the above-named place for 98% of invoice amount by cash in exchange 50
for a complete set of shipping documents with or without oil copy certificate on or before arrival of the ship at destination. The oil certificate to be forwarded on 51
receipt from Canadian Grain Commission along with any settlement for excess or deficiency in oil content. 52
Otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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Should documents be presented with incomplete set of Bill/s of Lading, payment shall be made provided the delivery of the remaining copies of Bill/s of Lading, 55
in due course after receipt, be guaranteed. Such guarantee to be guaranteed by Bankers if required by Buyers. Sellers have the option of tendering Delivery 56
Order/s to be guaranteed by Banker, Ship’s agent, Captain or Mate, if required by Buyers. Notice to retire documents shall be given by Buyers before 11.30 hours 57
on day of payment. When payment becomes due on a non-business day, Sellers have the right to present documents on the preceding business day for payment 58
after banking hours. 59
Final settlement to be effected when final weights and oil content are known. 60
Payment shall not be deemed to have been effected before receipt of cleared funds by the payee or his bank. If payment is agreed to be by bank transfer, the 61
party shall effect payment to the payee’s bank on or before the due date for payment and payment instructions shall specify a value date not later than the second 62
bank working day after the day of payment. 63
9. UNASCERTAINED GOODS: In every instance where a parcel of goods sold by this contract forms an unidentified part of a larger identified quantity of 64
goods of the same description, whether in packages or in bulk, no separation or distinction shall be necessary and, until separation and identification of the parcel 65
sold hereby from the larger quantity has taken place, the Buyer of the parcel is a pro rata owner of the whole of the larger quantity in common with Seller/s and 66
Buyer/s of other parts of the larger quantity. 67
10. PRO RATA: 68
(a) Receivers Pro Rata 69
Should any of the above-mentioned quantity form part of a larger quantity of the same or different period of shipment and of similar quality, no separation or 70
distinction shall be necessary. 71
All loose collected, damaged and sweepings and any excess or deficiency in the quantity delivered at the port of discharge, shall be shared by and apportioned 72
pro rata between the various receivers thereof buying under contracts containing this clause, and any of them receiving more or less than his pro rata share or 73
apportionment shall settle with the other or others of them for the same in cash at the market price on the last day of discharge (such price to be fixed by 74
arbitration unless mutually agreed). 75
In the event that an allowance is due from or to the Buyers in respect of any quality guarantees at discharge, same shall be settled on the basis of the actually 76
delivered weight. 77
(b) Shippers Pro Rata 78
In the event that the goods are or become co-mingled, and that the goods are shipped by more than one shipper and destined for one or more ports of discharge 79
then, after adjustment between receivers if any under the terms of (a) above in this clause the Shippers shall settle pro rata between themselves in proportion 80
to their Bill of Lading quantities. Such settlement shall be made in cash and in the event of two or more discharging ports being involved, then the settlement 81
price shall be the average of the market prices on the last day of discharge in the respective ports, (such price to be fixed by arbitration unless mutually agreed). 82
All Shippers, Sellers and Buyers of any part of such larger quantity as aforesaid under contracts containing this clause shall be deemed to have entered into mutual 83
agreement with one another to the above effect and to agree to submit to arbitration all questions and claims between them or any of them in regard to such pro rata 84
sharing or settlement as aforesaid in accordance with the Rules of Arbitration and Appeal of the Federation. All Shippers, Sellers and Buyers shall give all reasonable 85
assistance in ascertaining the pro rata. All Sellers shall be responsible for the settlement of the pro rata by the respective Buyers within a reasonable time. 86
11. INSURANCE: *Sellers to give policy/ies and/or certificate/s and/or approved letter/s of insurance effected with the first class underwriters (for whose 87
solvency Sellers are not responsible) with claims payable in London in accordance with the Institute/FOSFA Trades clauses (C) for not less than two per cent 88
over the amount of the provisional invoice; any amount over two per cent to be for Sellers’ account in case of total loss only. Buyers shall accept insurance 89
including Exclusion Clauses on the FOSFA Insurance Exclusion Clause List. 90
The above insurance is to include cover against loss of or damage to the subject-matter insured, whilst on the ship, caused by error, neglect or default of the 91
carrier or his servants in the navigation or management of the ship for which the carrier or ship is relieved of responsibility under Article IV, Section 2 of the 92
rules appended to the Water Carriage of Goods Act 1936 of Canada, and/or Section 3 of the Act of Congress of the United States approved 13th of February 93
1893, and/or Section 4 Sub-Section 2 of the Carriage of Goods by Sea Act 1936 of the United States of America, but nothing in this clause contained shall 94
limit or affect any rights which underwriters may have by subrogation or otherwise, against the owner of the said ships. Claims arising under this clause are 95
not subject to the Institute/FOSFA Trades Clauses (C) Risks Clause. 96
When CIF terms apply Sellers shall also insure the goods in accordance with the Institute War and Strikes Clauses (FOSFA Trades) in force and generally 97
obtainable at the time of shipment. The rate of war risks insurance not to exceed the rate ruling in London on the date of Bill/s of Lading or date of ship’s 98
sailing from each loading port for which Bill/s of Lading is/are issued, whichever may be adopted by underwriters. Any war risks premium in excess of ½ 99
% shall be payable by Buyers at time of payment and shall be advised to Buyers not later than time of declaration or not later than 3 days after the rate has 100
been agreed with underwriters, whichever may be the later. 101
*When C&F terms apply Sellers to sight the policy, certificate or letter or insurance, if and when required. 102

12. NOTICES: Notices to be despatched by any means of rapid written communication (E-mail excluded). All notices shall be under reserve for errors in trans- 103
mission. Notices shall be passed on with due despatch by intermediate Buyers and Sellers. Any notice received after 16.00 hours on a business day shall be deemed 104
to have been received on the following business day. Notice from a broker shall be a valid notice under this contract. 105
13. NON-BUSINESS DAYS: Should the time limit for doing any act or giving any notice expire on a Saturday, Sunday or any public holiday in the country 106
where the party required to do the act or give the notice resides or carries on business or in the country where the act has to be done or the notice has to be received 107
or on any day which the Federation shall declare to be a non-business day the time so limited shall be extended until the first business day thereafter. All business 108
days shall be deemed to end at 16.00 hours Mondays to Fridays inclusive. The contract shipment period not to be affected by this clause. 109
14. ODD DAYS: In any month containing an odd number of days the middle day shall be reckoned as belonging to both halves of the month. 110
15. STRIKES, ETC: Should shipment of the goods or any part thereof be prevented at any time during the last 30 days of the contract shipment period, or at any 111
time during the contract shipment period if such be less than 30 days, by reason of strikes, lockouts, riots, civil commotions or interruptions in the normal course of 112
labour at port/s of loading or elsewhere preventing transport of the goods to such port/s, or (applicable to contracts for shipment from Great Lakes or St. Lawrence 113
port/s only) by reason of strikes, lockouts, riots or civil commotions in the vicinity of the Great Lakes or the St. Lawrence River preventing the movement of the ocean 114
ship/s to Great Lakes or St. Lawrence port/s of loading, then Sellers shall be entitled on the resumption of work after termination of the circumstances preventing such 115
shipment to as much time for shipment from such port/s as was left for shipment under the contract shipment period prior to the outbreak of the strikes, lockouts, riots, 116
civil commotions or interruptions in the normal course of labour, and in the event of the time left for shipment under the contract being 14 days or less, a minimum 117
period of 14 days shall be allowed (or 21 days in the case of Canadian West Coast ports). 118
Sellers invoking this clause shall give notice to Buyers by any means of rapid written communication (E-mail excluded), naming the port/s from which shipment 119
is intended not later than on the first business day following the last day of the contract shipment period, in which case shipment shall be limited to the port/s nom- 120
inated. 121
In the event of further strikes, lockouts, riots, civil commotions or interruptions in the normal course of labour occurring during the time by which the contract 122
shipment period has been extended by reason of the operation of the provisions of the first paragraph, the additional extension allowed shall be limited to the 123
actual duration of such further strikes, lockouts, riots, civil commotions or interruptions in the normal course of labour. Buyers shall be notified immediately at 124
the outbreak of any such occurrence. Sellers shall provide a certificate from the Chamber of Commerce or other recognised body certifying the existence and the 125
date of commencement of the event/s which caused the delay and the date of resumption of work. In the case of default after extension/s the default date shall 126
be similarly deferred. 127
If the Shipper gives the notice above referred to, he shall forthwith apply to the Vancouver Grain Exporters’ Association for shipment from Canadian Pacific port/s 128
or The Canadian Grain and Oilseeds Exporters Association in Winnipeg, Manitoba, for shipment from Canadian Lakes, St. Lawrence, Atlantic and Hudson Bay 129
port/s and request them to contact immediately by any means of rapid written communication (E-mail excluded) the Federation confirming the existence of such 130
strikes, lockouts, riots, civil commotions or interruptions in the normal course of labour and in due course to communicate the dates of commencement and ter- 131
mination thereof. The Shipper further agrees to comply with all requirements of the Vancouver Grain Exporters’ Association or The Canadian Grain and Oilseeds 132
Exporters Association in Winnipeg, Manitoba, to ensure such communication is sent. 133
A certificate of the Vancouver Grain Exporters’ Association or The Canadian Grain and Oilseeds Exporters Association in Winnipeg, Manitoba, certifying the 134
existence and duration of the strikes, lockouts, riots, civil commotions or interruptions in the normal course of labour causing the prevention shall be attached 135
to the shipping documents and be accepted as final. If a certificate is issued too late to be attached to shipping documents then a notification by any means of 136
rapid written communication (E-mail excluded) from the Vancouver Grain Exporters’ Association or The Canadian Grain and Oilseeds Exporters Association in 137
Winnipeg, Manitoba, to the Federation that such certificate has been issued shall be deemed equivalent to a certificate attached to shipping documents, always 138
provided that such notification shall have been received by FOSFA International not later than the date of arrival of documents. 139
16. PROHIBITION: In the event, during the contract shipment period, of prohibition or export or any other executive or legislative act by or on behalf of the 140
government of the country of origin or of the territory where the port/s of shipment named herein is/are situate, or of blockade or hostilities restricting export 141
whether partially or otherwise, any such restriction shall be deemed by both parties to apply to this contract and to the extent of such total or partial restriction 142
to prevent fulfilment whether by shipment or any other means whatsoever and to that extent this contract or any unfulfilled portion thereof shall be extended by 143
30 days. In the event of shipment during the extended period still proving impossible by reason of any of the causes in this clause the contract or any unfulfilled 144
part thereof, shall be cancelled. Sellers invoking this clause shall advise Buyers with due despatch. If required, Sellers must produce proof to justify their claim 145
for extension or cancellation under this clause. 146
17. BANKRUPTCY/INSOLVENCY: If before the fulfilment of this contract, either party shall suspend payment, notify any of his creditors that he is unable 147
to meet his debts or that he has suspended payment or that he is about to suspend payment of his debts, convene, call or hold a meeting of his creditors, propose a 148
voluntary arrangement, apply for an official moratorium, have an administration order made, have a winding up order made, have a receiver or manager appointed, 149
convene, call or hold a meeting to go into liquidation (other than for reconstruction or amalgamation), become subject to an Interim Order under Section 252 of 150
the Insolvency Act 1986 or have a Bankruptcy Petition presented against him the contract shall forthwith be closed, either at the actual or estimated market price 151
then current for similar goods or, at the option of the other party, at a price to be ascertained by re-purchase or re-sale and the difference between the contract price 152
and such closing-out price shall be the amount which the other party shall be entitled to claim or shall be liable to account for under this contract. Should either 153
party be dissatisfied with the price ascertained by re-purchase or re-sale, then the matter shall be referred to arbitration. If no re-purchase or re-sale takes place and 154
if the parties cannot agree to a closing-out price, then on application of either party, the closing-out price shall be fixed by a sole arbitrator appointed by the 155
Federation subject to the right of appeal under the Federation’s Rules of Arbitration and Appeal. 156

18. CIRCLE: Where a Seller repurchases from his Buyer, or from any subsequent Buyer, the same goods or part thereof, a circle shall be considered to exist as 157
regards the particular goods so repurchased, and the provisions of the Default Clause shall not apply. (For the purpose of this clause, the same goods shall mean 158
goods of the same description, of the same country of origin, of the same quality and, where applicable, of the same analysis warranty for shipment to the same 159
port/s of destination during the same period of shipment.) Different currencies shall not invalidate the circle. 160
If the goods are not declared or, having been declared, documents are not presented as a result of a circle having been established, invoices based on the mean 161
contract quantity shall be settled between each Buyer and his Seller in the circle by payment by each Buyer to his Seller of the excess of the Seller’s invoice 162
amount over the lowest invoice amount in the circle. 163
Where the circle includes contract/s expressed in different currencies, the lowest invoice amount shall be replaced by the market price on the first business day for 164
contractual shipment and invoices shall be settled between each Buyer and his Seller in the circle by payment of the difference between the market price and the 165
relevant contract price in the currency of the contract. Failing amicable agreement the market price shall be that declared by a Price Settlement Committee of the 166
Federation appointed for that purpose on application of either party. 167
Such settlement shall be due for payment not later than 15 consecutive days after the last day for declaration or, should the circle not be established before 168
the expiry of this time, then settlement shall be due for payment not later than 7 days after the circle is established. No circle shall be considered to exist if 169
its existence is not established within 45 days after the last day of shipment. 170
All Sellers and Buyers shall give every assistance to the establishment of the circle and where a circle shall have been established same shall be binding on all 171
parties to the circle. Should any party in the circle commit prior to the due date for payment any act comprehended in the Bankruptcy/Insolvency Clause, the 172
invoice amount for the goods calculated at the closing-out price as provided for in the Bankruptcy/Insolvency Clause, shall be taken as the basis for settlement 173
instead of the lowest invoice amount in the circle, and in this event each Buyer shall make payment to his Seller or each Seller shall make payment to his Buyer 174
of the difference between closing-out price and the contract price, as the case may be. 175
In the event of a claim under the Prohibition Clause, the date for settlement shall be deferred until the expiry of the extended shipment period. Thereafter, if the 176
contract is cancelled under the terms of the Prohibition Clause, this clause is not applicable. 177
19 DEFAULT: In default of fulfilment of this contract by either party, the other party at his discretion shall, after giving notice, have the right either to cancel 178
the contract, or the right to sell or purchase, as the case may be, against the defaulter who shall on demand make good the loss, if any, on such sale or purchase. If 179
the party liable to pay shall be dissatisfied with the price of such sale or purchase, or if neither of the above rights is exercised, the damages, if any, shall, failing 180
amicable settlement, be determined by arbitration. The damages awarded against the defaulter shall be limited to the difference between the contract price and the 181
actual or estimated market price on the day of default. Damages to be computed on the mean contract quantity. If the arbitrators consider the circumstances of the 182
default justify it they may, at their absolute discretion, award damages on a different quantity and/or award additional damages. 183
Prior to the last day for making a declaration of shipment a Seller may notify his Buyer of his inability to ship but the date of such notice shall not become the 184
default date without the agreement of the Buyer. If, for any other reason, either party fails to fulfil the contract and is declared to be in default by the other party 185
and default is either agreed between the parties or subsequently found by arbitrators to have occurred, then the day of the default shall, failing amicable settlement, 186
be decided by arbitration. 187
20. DOMICILE: This contract shall be deemed to have been made in England and the construction, validity and performance thereof shall be governed in all 188
respects by English Law. Any dispute arising out of or in connection therewith shall be submitted to arbitration in accordance with the Rules of the Federation. 189
The serving of proceedings upon any party by sending same to their last known address together with leaving a copy of such proceedings at the offices of the 190
Federation shall be deemed good service, rule of law or equity to the contrary notwithstanding. 191
21. INTERNATIONAL CONVENTIONS: The following shall not apply to this contract:— 192
(a) the Uniform Law on Sales and the Uniform Law on Formation to which effect is given by the Uniform Laws on International Sales Act 1967; 193
(b) the United Nations Convention on Contracts for the International Sale of Goods of 1980; 194
(c) the United Nations Convention on the Limitation Period in the International Sale of Goods of 1974 and the amending Protocol of 1980. 195
22. ARBITRATION: Any dispute arising out of this contract, including any question of law arising in connection therewith, shall be referred to arbitration in 196
London (or elsewhere if so agreed) in accordance with the Rules of Arbitration and Appeal of the Federation of Oils, Seeds and Fats Associations Limited, in force 197
at the date of this contract and of which both parties hereto shall be deemed to be cognizant. 198
Neither party hereto, nor any persons claiming under either of them, shall bring any action or other legal proceedings against the other of them in respect of any 199
such dispute until such dispute shall first have been heard and determined by the arbitrators, umpire or Board of Appeal (as the case may be) in accordance with 200
the Rules of Arbitration and Appeal of the Federation, and it is hereby expressly agreed and declared that the obtaining of an Award from the arbitrators, umpire 201
or Board of Appeal (as the case may be), shall be a condition precedent to the right of either party hereto or of any person claiming under either of them to bring 202
any action or other legal proceedings against the other of them in respect of any such dispute. 203

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