Trade & Commodities
Trade Wars – Politics Creates Legal Headaches for Traders
Our soft commodities team is experienced in a wide range of commodities including grains, sugar, rice, nuts, soya, coffee, oils and seeds. We have one of the largest international soft commodity legal teams and our clients include some of the world's major commodities trading houses, financiers and insurers.
From production through to sales and distribution, we guide our clients through the contractual and financial complexities of the market, from structuring existing and new investments, to setting up supply and production agreements, to shipment and supply chain management. We also advise on issues concerning fertilisers.
We have significant experience in resolving soft commodity disputes including a large number of substantial arbitrations through the main arbitral centres and the trade association arbitration rules, such as GAFTA, FOSFA, IGPA and the Refined Sugar Association.
Advising a Brazilian trading company on a USD 85 million structured commodities finance facility (sugar and coffee) in Brazil
Advising insurers regarding the restructuring of a Cuban sugar related debt during a time of considerable political uncertainty and government restructuring
Conducting, on the instruction of Wheat Exports Australia, an audit of one year’s worth of the commodity trading and chartering practices of a major Australian exporter of wheat, relating to export accreditation restrictions
Advising an Italian coffee trading house on the acquisition of a coffee trading business. The transaction needed to be structured so as to preserve confidentiality
Successfully acting on this high profile FOSFA arbitration concerning a soft commodity agreement and time limits for the commencement of the arbitration. The judgment was widely reported, having implications on the timing of all future soft commodity cases
Representing Swiss grain traders in GAFTA arbitration proceedings in respect of claims against non-paying Israeli buyers and successfully defending buyers’ counterclaim for alleged contamination of cargo with T2 mycotoxin on appeal
Advising a leading sugar trader in acquiring a sugar trading business in Brazil and Switzerland. The transaction needed to be structured in a manner to ring fence the seller’s Brazilian tax and trading liabilities and mitigate anti-trust issues
Handling FOSFA arbitration on a dispute arising from the contamination of Ukrainian origin sunflower oil with mineral oil which resulted in a Europe-wide recall with the Award granted in favour of our client.
Acting for the world’s largest sugar trader in defending an application to appeal before the Commercial Court in respect of an Arbitration Award from the Refined Sugar Association. Issues considered included: duties of FOB seller and right to choose place of loading; Thai ports; damages, and...