On April 12, 1994, three raw coffee supply contracts were signed. What followed was over three decades of an arbitration ruling ignored, court judgments unenforced, and a company blacklisted by the European Coffee Federation — yet still operating without consequence.
Three contracts agreed between Polish Coffee Corporation and JJ Darboven Poland sp. z o.o. for delivery of 250 tons of raw coffee: 50 t Cameroon Robusta grade 2, 100 t Vietnam Robusta grade 2, 100 t Vietnam Robusta grade 1.
Deutschen Kaffee-Verbandes e.V. arbitration tribunal ruled JJ Darboven Poland in default on two contracts. Penalty of US$ 80,100 plus arbitration costs of DM 5,393.91 ordered.
JJ Darboven Poland sp. z o.o. formally blacklisted by the European Coffee Federation as a defaulting company, on request of the Deutscher Kaffee-Verband e.V. Hamburg.
Hanseatisches Oberlandesgericht Hamburg (11th Civil Senate, case 11 Sch 6/01) declared the 1994 arbitration award fully enforceable under German law. JJ Darboven then blocked all asset enforcement attempts.
Polish Coffee Corporation sp. z o.o. (Gdynia, Poland) is the injured party in this case. This site was established to create a permanent, documented, public record of the default, the arbitration ruling, the ECF blacklisting, and the Hamburg court judgment. Walter Zwald, honorary member of the Swiss Coffee Federation and a highly respected figure in the international coffee trade, independently reviewed this case and stepped in to support Polish Coffee Corporation in its pursuit of justice. We also invite others who have had similar experiences with JJ Darboven to come forward.
On April 12, 1994, during a telephone call between the Vice President of Polish Coffee Corporation (Gdynia, Poland) and Ryszard Lesinski, board member of JJ Darboven Poland sp. z o.o. (Rumia, Poland) — a wholly owned subsidiary of JJ Darboven Hamburg — the parties agreed on the sale of three raw coffee parcels: 50 tonnes of Cameroon Robusta grade 2, 100 tonnes of Vietnam Robusta grade 2, and 100 tonnes of Vietnam Robusta grade 1. Polish Coffee Corporation issued written contract confirmations the following day, April 13, 1994. JJ Darboven Poland never countersigned nor objected — which under international trade law and German commercial code (HGB) constituted legal acceptance.
The 50 tonnes of Cameroon Robusta were delivered and paid without issue. However, as global coffee prices rose sharply through April–May 1994, JJ Darboven Poland refused to deliver the Vietnam Robusta parcels, claiming non-payment — despite the fact that Polish Coffee Corporation had already prepaid for the first 50-tonne tranche of Vietnam Robusta grade 1, and was legally entitled under the contract to withhold further prepayment until first delivery had been made.
Polish Coffee Corporation attempted to resolve the matter directly, and even appealed personally to JJ Darboven Hamburg. On June 15, 1994, JJ Darboven Hamburg responded in writing that it must remain "strictly neutral" and could not intervene with its subsidiary — despite being the parent company and in full control of it.
Polish Coffee Corporation filed for arbitration on June 20, 1994. After a full hearing on November 7, 1994, the Schiedsgericht des Deutschen Kaffee-Verbandes e.V. issued its ruling on December 6, 1994: JJ Darboven Poland was found to have unlawfully withdrawn from both Vietnam Robusta contracts and was ordered to pay US$ 80,100 in damages (calculated against London terminal exchange closing prices on the last contractual delivery day), plus DM 5,393.91 in arbitration costs. The award was signed by all three arbitrators: Klaus Zierau (Chairman), Ludwig Sprengel, and Jörn-Hinrich Christen.
JJ Darboven Poland never paid. Enforcement attempts in Poland were rejected by the Gdansk District Court in 1999 on jurisdictional grounds. On May 9, 2000, the European Coffee Federation blacklisted JJ Darboven Poland sp. z o.o. on request of the Deutscher Kaffee-Verband e.V. Hamburg — one of the most serious sanctions in the European coffee trade. JJ Darboven Hamburg actively lobbied against making the blacklist publicly accessible on the internet.
On January 24, 2003, the Hanseatisches Oberlandesgericht Hamburg (11th Civil Senate, case reference 11 Sch 6/01, presided by Judge Dr. Büchel) declared the 1994 arbitration award fully enforceable under German law. When Polish Coffee Corporation's lawyers immediately attempted to enforce it by garnishing JJ Darboven Hamburg's assets, JJ Darboven GmbH & Co. KG responded in writing on August 13, 2003, denying any financial relationship with JJ Darboven Poland — effectively shielding the subsidiary from payment.
The debt — principal of US$ 80,100, arbitration costs of DM 5,393.91, plus over thirty years of accumulated interest — remains unpaid to this day.
Walter Zwald, honorary member of the Swiss Coffee Federation and a highly respected figure with decades of experience in international coffee trading and consulting, independently reviewed the documented facts of this case and chose to lend his support to Polish Coffee Corporation. His involvement represents the kind of professional accountability the international coffee trade depends upon.
Mr. Zwald operates Walter Zwald Coffee Buying & Consulting (Meggen, Switzerland), and brings to this case a professional standing that the international coffee industry recognizes and respects. His decision to support Polish Coffee Corporation after independently reviewing the documented facts speaks directly to the seriousness of JJ Darboven's conduct.
If you or your company have experienced contractual default, non-payment, or other misconduct involving JJ Darboven Hamburg or JJ Darboven Poland, we encourage you to share your account. All submissions are reviewed before publication.
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