Commerce et biens de consommation

Grâce à une connaissance de bout en bout des chaînes d’approvisionnement mondiales, de l’extraction jusqu’à la distribution aux utilisateurs finaux en passant par tout ce qui se trouve entre les deux, Clyde & Co arrive à fournir à ses clients des solutions juridiques qui répondent à tous leurs besoins commerciaux.

Nous soutenons nos clients à toutes les étapes

Au sein du secteur du commerce et des biens de consommation, nous nous spécialisons dans les biens de consommation durables et non durables, le pétrole, le gaz, le gaz naturel liquéfié et l’électricité, de même que dans des disciplines plus récentes telles que l’échange de droits d’émission de carbone.Au sein du secteur du commerce et des biens de consommation, nous nous spécialisons dans les biens de consommation durables et non durables, le pétrole, le gaz, le gaz naturel liquéfié et l’électricité, de même que dans des disciplines plus récentes telles que l’échange de droits d’émission de carbone.

Nous comptons parmi nos clients des gouvernements, des producteurs, des sociétés commerciales, des groupes logistiques, des raffineries, des banques et des assureurs. Nous les aidons à surmonter des défis commerciaux et à résoudre des problèmes complexes tels que ceux liés aux risques géopolitiques et aux effets des réglementations intergouvernementales.

Aujourd’hui, la réalité des entreprises œuvrant dans le secteur du commerce et des biens de consommation se caractérise par des opérations complexes et intégrées, des coentreprises, des alliances stratégiques et des collaborations ainsi que des fusions et des acquisitions. Nous soutenons nos clients dans leur recherche de l’efficacité, que cela se traduise par la pénétration de nouveaux marchés ou par l’accent sur une spécialisation particulière.

Notre travail dans le secteur du commerce et des biens de consommation

  • Tout
  • Afrique
  • Amérique du Nord
  • Amérique latine
  • Asie-Pacifique
  • Moyen-Orient
  • Royaume-Uni et Europe
  • Advising Malaysian trading house on default

    Advising Malaysian trading house on default arising out of the sale of Ukrainian origin sunflower seed oil

    Malaysia

    Advising on the recovery of losses

    Advising on the recovery of client’s losses against allegedly negligent third parties in connection with the fumigation of cargo for custom purposes.

    Clyde & Co provided advice on regulations concerning the international trade of soybean meal, including the requirements of the international Maritime Solid Bulk Cargoes Code (IMSBC), and the commencement of a cross-border claim against the negligent third parties.

    Australie

    Asset tracing and recovery of the proceeds of a fraud in the food industry.

    Acting for a food manufacturer whose staff stole IP and money and set up a rival business. Involving asset tracing, seizing and disposing of rice shipments involving the UK, India, Djibouti and Cape Town. And for Unilever

    United Kingdom

    Cargo contamination and enforceable arbitration clause – GAFTA arbitration

    Acting for Sellers in a dispute about wheat cargo contamination and enforceability of an arbitration clause

    Argentine

    Cargo damage – GAFTA arbitration

    Acting for Sellers of cargo of wheat shipped to Egypt damaged by water during voyage. Shortage claim under the sale agreement and contract of carriage

    Australie

    Cargo quality and quantity - FOSFA arbitration

    Acting for Buyers of cargo of soybeans ex India and about quality and quantity. 

    Inde
  • Manufacturing company expansion into Egypt Agri business

    Advised a manufacturing company on its potential project and set up in Egypt. We provided advice with respect to incorporation of the entity (two-tier structure for importation vs one tier) and also advice with respect to engaging with governmental authorities as their first supply agreement was expected to be with the Ministry of Agriculture. 

    Égypte

    A leading agricultural development and investment company in Egypt

    Advised a leading agricultural development and investment company in Egypt on its initial public offering and listing on the Egyptian Stock Exchange. The client is an Egyptian publicly-listed agricultural company with offerings in environmental services, livestock, land reclamation and agricultural investments. 

    Égypte

    Consumer Goods Council of SA /Dept of Agriculture Land reform and Rural Development and the Food Saf

    We represent the Consumer Goods Association of South Africa (“CGASA”) in successfully interdicting the seizure of meat analogue products pending the outcome of a review application, which we have instituted, in which the CGCSA seeks to set aside the Executive Officer’s directive prohibiting meat analogue products from using naming conventions congruent to those used for processed meat products, and authorizing the seizure of any meat analogue products which make use of the...

    South Africa

    PETA (People for ethical treatment for animals)/Mohair Industry of SA

    PETA wanted to do a documentary with undercover people going to farms and misrepresenting footage of animal abuse in an attempt to shut down the mohair industry in SA.
    Then they tried to put pressure on buyers to not use mohair.
    We drafted counterstatements to be put into the public domain and then engaged with the SPCA who had charged framers based on complaints received from PETA. We had these withdrawn. We also assisted client in re writing sheering guidelines and submitted...

    South Africa

    Consumer Goods Council of SA /Dept of Agriculture Land reform and Rural Development and Leaf

    Leaf is an assignee in terms of the Agricultural Standards and Procedures Act appointed to inspect grain products. We successfully challenged their methodology and fees for inspections, which would, inter alia, have resulted in an extra 6c being charged on every loaf of bread. 

    South Africa

    Dundarach Poultry Farm/ Department of Agricuture, Forestry and Fisheries

    Successfully instituted action against State for damages suffered as a result of having to kill chickens during Avian Flu pandemic 

    South Africa
  • Cargo contamination and enforceable arbitration clause – GAFTA arbitration

    Acting for Sellers in a dispute about wheat cargo contamination and enforceability of an arbitration clause

    Argentine

    Cargo quality/specification – FOSFA arbitration

    Acting for Sellers in a dispute that arose about the quality/infestation of chickpeas shipped from Canada to India

    Canada

    Acting for a leading Canadian agri-business alleged to have supplied GMO flaxseed to EU based buyers

    The client required detailed advice on the relevant EU regulations with regard to approved and non-approved GMO events and sanctions for breach.

    Canada

    Advised Cran Group in the US$80 million partial sale

    Advised Cran Group in the US$80 million partial sale to Ontario Teacher’s Pension Plan Board (OTPPB) of Agrícola Cran Chile, a relevant supplier of berries to the Ocean Spray agricultural cooperative.

    Chili

    Extensive experience in the ocean shipment of banana and other refrigerated fruit cargoes

    We have extensive experience over the past forty years in the ocean shipment of banana and other refrigerated fruit cargoes from Latin America to numerous ports across the world, and have litigated such cargo losses, vessel charter issues and regulatory issues under US law, and have advised clients on the transactional and regulatory matters associated with such supply chain business, including growing, packaging, refrigerated transport and storage, and US Department of Agriculture and US...

    United States

    Advising Brazilian developers of renewable energy projects

    Advising Brazilian developers of renewable energy projects on agreements for the forward sale of carbon credits, reviewing CDM emission reductions purchase agreements and regulatory requirements

    Brésil
  • Advised on relating to damage to agriculture products carried to Mexico

    The Mexico office has been involved in cases relating to damage to agriculture products carried to Mexico, both for the owners of the vessel and the cargo

    Mexico

    Restructuring Cuban sugar debt

    Advising insurers regarding the restructuring of a Cuban sugar related debt during a time of considerable political uncertainty and government restructuring

    Cuba
  • Advising on the recovery of losses

    Advising on the recovery of client’s losses against allegedly negligent third parties in connection with the fumigation of cargo for custom purposes.

    Clyde & Co provided advice on regulations concerning the international trade of soybean meal, including the requirements of the international Maritime Solid Bulk Cargoes Code (IMSBC), and the commencement of a cross-border claim against the negligent third parties.

    Australie

    Cargo shortage and storage dispute - GTA arbitration

    Acting for Sellers in dispute about cargo shortage, delay – force majeure and terminal storage regarding wheat shipment from Newcastle, Australia

    Australie

    Cargo damage – GAFTA arbitration

    Acting for Sellers of cargo of wheat shipped to Egypt damaged by water during voyage. Shortage claim under the sale agreement and contract of carriage

    Australie

    Cargo quality and quantity - FOSFA arbitration

    Acting for Buyers of cargo of soybeans ex India and about quality and quantity. 

    Inde

    Advising Malaysian trading house on default

    Advising Malaysian trading house on default arising out of the sale of Ukrainian origin sunflower seed oil

    Malaysia

    Advising excess layer D&O insurer

    Advising an excess layer insurer of a group of companies involved in the promotion and sale of interests in agribusiness managed investment schemes in relation to claims by the liquidators against directors for breach of directors’ duties in the preparation of the group’s accounts and in relation to its lending policies and practices.

    These claims are in excess of AUD 160 million.

    Australie
  • Claim for an indemnity from the Owners of the MV "Yangtze Xing Hua"

    Claim for an indemnity from the Owners of the MV "Yangtze Xing Hua" arising out of a claim for damage to a cargo of soyabeans shipped to Iran. Inter-Club Agreement was incorporated into the charterparty and there was an issue as to the interpretation of the word "act" in clause 8(d) of the charter, i.e. whether it needed to be culpable or not. Case went to the Court of Appeal

    Iran

    Oil trading restructuring

    Acting for a Sharjah based trade and ship owner in respect of their restructuring and transition of their oil trading business (that included ownership of a fleet of oil tankers) against various syndicates of international banks and credit insurers in restructuring. This included negotiating with different groups of Lenders to enable different assets to be disposed of under specific transactions and a restructure.

    United Arab Emirates

    Letters of credit

    Acting for a major European bank, which had confirmed several letters of credit, regarding the default of the issuing bank incorporated in Bahrain; obtaining an freezing injunction to seize assets in England; considering cross-border insolvency issues and an application by the administrator for recognition of the Bahraini administration

    Bahreïn

    Claims and counterclaims over a refinery in Oman

    Acting for a Japanese EPC contractor in relation to large value claims and counterclaims related to a refinery project in Oman.

    Oman

    Unlawful expropriation of assets and property

    Advising Saudi investors in relation to an ICSID arbitration, BIT treaties and alternative enforcement mechanisms regarding the unlawful expropriation of assets and property by the Egyptian government arising out of the Arab Spring

    Saudi Arabia

    Multi-billion dollar development of new light rail system

    Advising the Dubai Municipality on its multi-billion dollar development of a new light rail system traversing the city of Dubai and linking up with its airport. The system will be built in two sections, and will extend for some 70 km, with 35 stations.

    United Arab Emirates
  • Working for a French grain trading client in respect of a cargo of Canadian wheat shipped

    Working for a French grain trading client in respect of a cargo of Canadian wheat shipped from Canada to Morocco. The carrying vessel was arrested transiting the Panama Canal for non-payment. The shipowner was unable to and the owners refused to step in to arrange for the release of the Vessel. We advised the trader and their insurers with regard to their rights under the contracts of carriage, sale contracts, instructed local counsel and other experts who dealt with...

    France

    Asset tracing and recovery of the proceeds of a fraud in the food industry.

    Acting for a food manufacturer whose staff stole IP and money and set up a rival business. Involving asset tracing, seizing and disposing of rice shipments involving the UK, India, Djibouti and Cape Town. And for Unilever

    United Kingdom

    Advising French trading house of their rights and remedies

    Advising French trading house of their rights and remedies against carrier and their obligations to C&F sub-buyers following wet damage to grain cargo post-completion of loading

    France

    Acted for a German agrichemical company in pursuing a claim against one of its suppliers

    Acted for a German agrichemical company in pursuing a claim against one of its suppliers for contaminated materials this resulted in significant crop damage in the European sugar beet market.

    Circa 50m Euros.

    Allemagne

    Advising client on sale of durum wheat which had been held in default

    Our client sold durum wheat but was held in default by the buyer on the basis that they had shipped late. We advised the client on whether the buyer holding them in default had acted prematurely. We also advised on damages and general strategy and whether the client could argue that the delay in shipment was caused by a force majeure event

    Italie

    Dispute relating to the alleged contamination of Ukrainian sunflower seed oil

    We are acting for the sellers of the goods who are seeking to recover the price of the goods. The buyers are refusing to pay by alleging that the goods are contaminated. It is important in the context of allegations over the last 12 months regarding deliberate contamination of Ukrainian sunflower seed oil. It also raises questions about the robustness of the tests utilised by the approved laboratories in this industry for confirming cases of adulteration, in particular the limitations of DNA...

    Ukraine

Notre équipe spécialisée dans le secteur du commerce et des biens de consommation

Leon Alexander
Leon Alexander

Partner

Jane Andrewartha
Jane Andrewartha

Partner

Mohamed Barakat
Mohamed Barakat

Managing Partner – Cairo

David Bennet
David Bennet

Partner

Andrew Bicknell
Andrew Bicknell

Partner

Owen Carragher
Owen Carragher

Partner

Ik Wei Chong
Ik Wei Chong

Partner / Managing Director, Asia

Eleanor Coates
Eleanor Coates

Partner

Rachel Cropper-Mawer
Rachel Cropper-Mawer

Partner

Simon Culhane
Simon Culhane

Partner

Taylor L. Davis
Taylor L. Davis

Partner

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Voir notre équipe Commerce et biens de consommation

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