Commercial analysis: It is trite law that the absence of agreement on essential terms may prevent a contract from coming into existence on the ground of uncertainty. However, where a contract has come into existence, the use of words such as ‘to be agreed’ in respect of future executory obligations is not necessarily fatal to the contract’s continued existence. All will depend on the facts and on the construction of the words that the parties have used in their purported agreement. Dimitris Anassis, partner, and Reema Shour, professional support lawyer, both at Hill Dickinson, consider the court’s decision in KSY Juice Blends UK Ltd v Citrosuco GmbH.