Trade & Commodities

Our Trade & Commodities Work

• All
• Africa
• Asia Pacific
• Latin America
• Middle East
• North America
• UK & 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.

  Australia

  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

  Argentina

  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

  Australia

  Cargo quality and quantity - FOSFA arbitration

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

  India

  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

  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

  Australia

  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

  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. 

  Egypt
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• 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

  Fishing company Acquisitions

  Advised a fishing company in relation acquisition of acquisition of another fishing Enterprises.

  South Africa

  Claim for compensation due to income and production losses resulting from the killing of a flock.

  Represented client in damages claim for loss of income and production due to killing of flock of pregnant ewes and lambs by lions

  South Africa

  Request for compensation due to wine damage caused by glass contamination.

  Representing client in claim for damage to wine due to glass contamination which occurred during the bottling process

  South Africa

  Supplier of shell eggs and liquid egg products

  Represented large supplier of shell eggs and liquid egg products, as well as layer and broiler farmers in respect of supplier agreements

  South Africa

  Bulyanhulu Gold Mine Limited USD 142 million secured loan

  Advising Standard Bank of South Africa on its USD 142 million secured loan to Bulyanhulu Gold Mine Limited

  South Africa

  South African coal and Delta Mining Consolidated

  Advising Delta Mining Consolidated on several rounds of pre IPO/IPO financing around a coal resource in South Africa

  South Africa
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• 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.

  Australia

  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

  Australia

  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

  Australia

  Cargo quality and quantity - FOSFA arbitration

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

  India

  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.

  Australia

  Defending claims of negligent advice

  Defending three separate claims in the Supreme Court of Queensland against an AFS licensee and its Authorised Representatives relating to allegedly negligent advice to invest in several agribusiness schemes.
  
  The matter involved complex indemnity arrangements, including consideration of the validity of bulk notifications. 

  Australia

  Advising underwriters on coverage claims from food manufactures

  Advising underwriters on coverage for claims from food manufacturers and agribusinesses arising from the biological contamination of commercial pig semen, poultry and eggs. 

  Australia

  Defending food manufacturers and agribusinesses

  Defending food manufacturers and agribusinesses against claims arising from the physical of pizzas, frozen food products and animal feed. 

  Australia

  Acquisition of poultry feed business

  Advising a privately owned animal food company from Europe on the acquisition from an Indian conglomerate of a manufacturing facility in Bangladesh for pellet feed for poultry

  Bangladesh
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• Cargo contamination and enforceable arbitration clause – GAFTA arbitration

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

  Argentina

  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.

  Chile

  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

  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

  Brazil

  Advising on a Brazilian commodities finance facility

  Advising a Brazilian trading company on a USD 85 million structured commodities finance facility (sugar and coffee) in Brazil

  Brazil

  Political risk cover for zinc and lead mines in South America

  Advising a bank on political risk cover for investments in lead and zinc mines in South America

  Brazil

  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

  Disputed tar sands mining license in Ecuador

  Representing US investors in a dispute with the Government of Ecuador concerning its revocation of a tar sands mining licence and involving Ecuador’s renunciation of its membership of ICSID

  Ecuador

• 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. 

  Egypt

  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. 

  Egypt

  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

  Advising a North American chemical manufacture

  Advising a North American chemical manufacture in its relationship with its local distributor in Egypt;

  Egypt

  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

  Bahrain

  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

  Operation and development of port container facilities in Yemen

  Advising on the negotiation of agreements for the Yemeni Port of Aden, including a Concession Agreement, Management Services Agreement and Port Services Agreement

  Yemen
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• 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

  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

  Floating African Global Energy

  Supporting New Age (African Global Energy) on a proposed listing on the Toronto Stock Exchange

  Canada

  Ivanplats becomes majority stakeholder at The Kipushi Project

  Advising on the Canadian mining company Ivanplats Limited in its acquisition of a majority stake in a world class zinc deposit in Kipushi, in the Democratic Republic of Congo. The Kipushi Project is based on the high-grade, underground zinc-copper mine in the Central African Copperbelt.

  Canada

  Advising bank on facility to finance metal stocks

  Advising a trade finance bank on a facility to finance metal stocks in LME approved warehouses in the US and the Netherlands and take security over them

  United States

• 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.

  Germany

  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

  Italy

  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

  Acting for UK based wholesaler claiming repudiatory breach of a 5-year contract for the sale of palm

  Our client had been supplying palm oils pursuant to the terms of the contract for about 2 years when the buyer, decided to sell all of their assets to a third party, the buyer of the assets was supposed to take over the contract but then refused to do so. The proceedings are before FOSFA and the client is claiming about US$5 million in damages.

  United Kingdom

  Advising insurers on money laundering implications of insuring cannabis products.

  Advising UK insurers on money laundering implications of insuring recreational cannabis products from Canada in the UK.

  Also providing market commentary on cannabis legalisation in The Times.

  United Kingdom

  High-profile sale of metal warehousing

  Advising a leading Italian trading company on the high-profile sale of a metals warehousing business located in eight jurisdictions to Glencore. This deal was subject to complex regulatory requirements across several jurisdictions.

  Italy

  Pacorinin SrL sale of metal warehousing business

  Advising Pacorini SrL on the high-profile sale of a metals warehousing business located in eight jurisdictions to Glencore. This deal was subject to complex regulatory requirements across several jurisdictions.

  Italy
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