Trade & Commodities

Clyde & Co’s end-to-end knowledge of global supply chains, from extraction through to distribution to end users and all that lies between the two, enables us to provide clients with legal solutions for all their trading needs.

Supporting our clients every step of the way

Within the Trade & Commodities sector we specialise in hard and soft commodities, oil, gas, LNG and power, as well as newer disciplines such as carbon trading.

Our clients include governments, producers, trading companies, logistics groups, refineries, banks and insurers. We help them overcome trading challenges and resolve complex issues such as geo-political risk and the impact of multi-jurisdictional regulations.

Today’s trade and commodities corporate landscape is characterised by complex, integrated operations, joint ventures, strategic alliances and collaborations as well as mergers and acquisitions. We support clients as they strive to achieve efficiency, whether that be through expansion into new markets or focus on a particular specialism.

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
  • 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
  • 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
  • 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
  • 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

Our Trade & Commodities Team

Marko Kraljevic
Marko Kraljevic

Partner

Leon Alexander
Leon Alexander

Partner

Enrique Garza
Enrique Garza

Partner

Eurof Lloyd-Lewis
Eurof Lloyd-Lewis

Partner

Andrew Rourke
Andrew Rourke

Partner

Hatty Sumption
Hatty Sumption

Partner

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View all Trade & Commodities partners

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