Yolanda McCarthy

Full Profile

Yolanda is a Senior Associate in the Regulatory & Investigations Group at Clyde & Co, where she advises on the implications of sanctions for international companies involved in cross-border transactions, as well as advising on compliance issues and regulatory investigations. 

Having trained at Clyde & Co in shipping, disputes, and trade & energy finance, Yolanda qualified into International Trade with a focus on commodities and investment protection. Subsequently she spent three years with the Foreign & Commonwealth Office, primarily on counter-proliferation issues, returning to private practice to advise on sanctions, allegations of corruption, and energy/marine matters. 

Yolanda’s practice includes a wide range of non-contentious and contentious matters, which in addition to her sanctions and compliance advisory work has included advising on investment protection, fraud, contract termination, and assisting with disclosures to OFAC and OTSI. Her dispute resolution experience has included ICC, LMAA, LCIA, ICSID and trade body arbitrations, and litigation before the English High Court. She has acted for clients in the shipping, insurance and commodities sectors, as well as for and against States.

Experience

Sanctions and Export Control

• Advising on the response to an OTSI investigation.
• Advising a Middle Eastern aviation company on the sanctions and export control implications of a proposed contract.
• Advising a Lloyd’s Syndicate on the sanctions implications of a proposed policy renewal.
• Advising a global engineering company on the sanctions implications of a contract relating to a pipeline.
• Advising on export control restrictions relating to equipment sold to China.
• Acting for shipowners in terminating charterparties on the basis of sanctions issues and in related arbitrations.
• Advising an oil trader on a purchase of oil lifted from a field with links to Iran.
• Advising a global tanker company on the sanctions implications of a proposed shipbuilding project in Asia.
• Advising a global steel trader on the sanctions implications of a proposed purchase of Venezuelan products. 
• Advising ship management companies on the sanctions implications of technical management of LNG carriers. 

International trade and shipping 

• Acting for an Eastern European State in ICC Arbitration and Commercial Court proceedings relating to a dispute with a defence company owned by a Middle-Eastern State.
• Advising a global natural resource company on the response to an investigation in Switzerland. 
• Advising on the implications of bilateral investment treaties for commodities traders. 
• Acting for P&I clubs and shipowners in numerous dispute resolution matters relating to issues such as demurrage, off hire, cancellation of charterparties, vessel arrest, and cargo damage. 
• Drafting the standard terms for a soft commodities trade association.
• Acting for an Eastern European State in Commercial Court proceedings brought by another State concerning London property.  
• Acting for soft commodities traders in numerous ICC, LMAA, LCIA, and trade body arbitrations.

Compliance

• Carrying out a review of compliance practices and policies for the global board of a commodities trader.
• Drafting anti-bribery and anti-money laundering compliance training manuals for mining and soft commodities traders. 
• Acting for an energy company in a Commercial Court dispute concerning allegations of fraud.
• Drafting a compliance policy relating to tax and fraud issues.
• Advising on defence of a private prosecution relating to alleged fraud.
• Advising on search orders and drafting related training materials. 
• Acting for an Eastern European property company in Court proceedings relating to a seizure of funds by the UK police.