International trade

In addition to representing clients in commercial arbitrations, we are well-versed in trade-specific arbitration rules, including the International Centre for Settlement of Investment Disputes (ICSID) and United Nations Commission on International Trade Law (UNCITRAL) as well as commodity specific insitutions such as the London Metal Exchange (LME), The Federation of Oils, Seeds and Fats Associations Ltd (FOSFA) and the Grain and Feed Trade Association (GAFTA). Our clients include mining groups, international oil and gas companies, trading houses, banks, power and utility companies, industrial groups and manufacturers, insurance companies, funds and private equity houses.

Our experience includes:

  • Advising an African logistics company on a US$1.5 million LCIA arbitration whilst the underlying contract continued to run and the parties' relationship was continuing.
  • Representing a trading company in international arbitration, worldwide freezing injunction proceedings and related insolvency claims relating to its commodities trading book.
  • Advising a mining group in a series of quality and other disputes, including LCIA, with a major trading company relating to the supply of copper, lead and zinc concentrates.
  • Advising a major power company in a dispute with an international mining group regarding the pricing and price review mechanism under a long term supply agreement.
  • Acting for a European commodity trading group in bringing claims against a buyer under two contracts for the supply of coal and in relation to subsequent enforcement proceedings (including worldwide freezing orders).
  • Representing a UK based private equity investor as claimant in separate arbitration proceedings against an Indonesian supplier and a Singapore based buyer of coal shipments to China. The case involved a non-standard financing agreement with a hybrid arbitration clause for the SIAC to administer ICC proceedings.
  • Advising various commodity trading clients on GAFTA related Tribunals and Appeals as well as general insurance, delivery clauses and time bar advice.
  • Providing ad hoc advice related to coffee traders and importers related to their terms of business and potential arbitrations heard by various associations.
  • Defending claims of breach of a long term fuel supply agreement for its power plant in Europe. The issues concerned the question of authority to vary the agreement, implied terms and interpretation of the agreement.

Global reach

From our offices in the UK, China, France, Hong Kong, Singapore, South Korea and the United Arab Emirates, we have extensive global experience – both representing and sitting as arbitrators – in arbitrations at the world’s leading institutions including the LCIA, ICC, SIAC, HKIAC and DIFC-LCIA.

Mozambique

Mozambique

Advising a Mozambique-based food production company in a FOSFA arbitration in Durban, South Africa, against a leading Indian flour trading company. 

Nigeria

Nigeria

Representing an international energy and infrastructure company in connection with a debt recovery claim under a settlement agreement under which the respondents were jointly and severally liable to repay the monies owed in respect of the purchase of gas oil delivered to Nigeria.

China

China

Acting for Mercuria in their successful defence of a headline-making US$270 million claim, relating to “repo” deals affected by a major metals warehousing fraud in China.

Indonesia

Indonesia

Representing a commodity trader in defence of claims in SIAC arbitration arising out of the sale of a cargo of Indonesian steam coal. The case involved disputes over delay in payment, quality of the cargo at load port, and delays at the discharge port due to exercise of lien over cargo.

Sri Lanka

Sri Lanka

Advising a trading house on litigation and arbitration arising out of a dispute over steel consignments supplied to a customer in Sri Lanka.

Brazil

Brazil

Advising 3 major trading houses in around 100 GAFTA/FOSFA arbitrations (both first tier and Board of Appeal) arising out of detention / demurrage and time-bar disputes in Paranagua.

Russia

Russia

Advising a Russian oil trading group on issues arising under a complex series of interlinked and back-to-back oil trading contracts of Russian oil origin to the value of US$200 million and on related LCIA proceedings.

Defending claims for price adjustments to the API2 price under split shipments of Russian coal in a long term supply agreement.  

Greece

Greece

Advising and representing an energy trading company in the Balkans in an ICC arbitration under Swiss law against a large Greek energy company in relation to issues of force majeure events.

Switzerland

Switzerland

Representing a Middle Eastern commodity trader in a US$66 million Geneva-seated SCIA arbitration in relation to the sale of LPG.

Acting for a Geneva-based oil trader in LCIA arbitration proceedings in successfully defending claims by an oil major in relation to the alleged non-delivery of a shipment of base oils on grounds of force majeure.

Acting for a Geneva-based trader in successfully defending claims in arbitration proceedings for non-delivery on the basis that the buyer was controlled by an individual who was subject to US and EU sanctions imposed on supporters of the Assad regime in Syria.

United Arab Emirates

United Arab Emirates

Advising a UAE commodities trader in a series of GAFTA/FOSA arbitrations worth US$3 million for failure to deliver and wrongful termination of a number of contracts for the sale of soy beans by the seller.

Advising a UAE oil trader in a US$4.5 million LCIA Arbitration regarding a dispute under a contract for the sale of MSFO and LSFO from refineries in Turkmenistan. Successfully procured the discharge of an emergency injunction obtained by the buyers, preventing our clients from dealing with cargo the subject of the dispute.

Representing an international energy and infrastructure company in two LCIA arbitrations and two ad hoc arbitrations (to be consolidated under one arbitration) worth approximately US$8,900,000. Each arbitration has been commenced under four separate contracts for the sale of Jet A1/Gasoil and the dispute concerns monies owed under the contracts.

Acting for a Middle Eastern trading house in 3GAFTA/FOSFA arbitrations totalling c.US$40 million and in related High Court proceedings in London.

  • Brazil

    Advising 3 major trading houses in around 100 GAFTA/FOSFA arbitrations (both first tier and Board of Appeal) arising out of detention / demurrage and time-bar disputes in Paranagua.

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  • China

    Acting for Mercuria in their successful defence of a headline-making US$270 million claim, relating to “repo” deals affected by a major metals warehousing fraud in China.

    Close
  • Greece

    Advising and representing an energy trading company in the Balkans in an ICC arbitration under Swiss law against a large Greek energy company in relation to issues of force majeure events.

    Close
  • Indonesia

    Representing a commodity trader in defence of claims in SIAC arbitration arising out of the sale of a cargo of Indonesian steam coal. The case involved disputes over delay in payment, quality of the cargo at load port, and delays at the discharge port due to exercise of lien over cargo.

    Close
  • Mozambique

    Advising a Mozambique-based food production company in a FOSFA arbitration in Durban, South Africa, against a leading Indian flour trading company. 

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  • Nigeria

    Representing an international energy and infrastructure company in connection with a debt recovery claim under a settlement agreement under which the respondents were jointly and severally liable to repay the monies owed in respect of the purchase of gas oil delivered to Nigeria.

    Close
  • Russia

    Advising a Russian oil trading group on issues arising under a complex series of interlinked and back-to-back oil trading contracts of Russian oil origin to the value of US$200 million and on related LCIA proceedings.

    Defending claims for price adjustments to the API2 price under split shipments of Russian coal in a long term supply agreement.  

    Close
  • Sri Lanka

    Advising a trading house on litigation and arbitration arising out of a dispute over steel consignments supplied to a customer in Sri Lanka.

    Close
  • Switzerland

    Representing a Middle Eastern commodity trader in a US$66 million Geneva-seated SCIA arbitration in relation to the sale of LPG.

    Acting for a Geneva-based oil trader in LCIA arbitration proceedings in successfully defending claims by an oil major in relation to the alleged non-delivery of a shipment of base oils on grounds of force majeure.

    Acting for a Geneva-based trader in successfully defending claims in arbitration proceedings for non-delivery on the basis that the buyer was controlled by an individual who was subject to US and EU sanctions imposed on supporters of the Assad regime in Syria.

    Close
  • United Arab Emirates

    Advising a UAE commodities trader in a series of GAFTA/FOSA arbitrations worth US$3 million for failure to deliver and wrongful termination of a number of contracts for the sale of soy beans by the seller.

    Advising a UAE oil trader in a US$4.5 million LCIA Arbitration regarding a dispute under a contract for the sale of MSFO and LSFO from refineries in Turkmenistan. Successfully procured the discharge of an emergency injunction obtained by the buyers, preventing our clients from dealing with cargo the subject of the dispute.

    Representing an international energy and infrastructure company in two LCIA arbitrations and two ad hoc arbitrations (to be consolidated under one arbitration) worth approximately US$8,900,000. Each arbitration has been commenced under four separate contracts for the sale of Jet A1/Gasoil and the dispute concerns monies owed under the contracts.

    Acting for a Middle Eastern trading house in 3GAFTA/FOSFA arbitrations totalling c.US$40 million and in related High Court proceedings in London.

    Close
Contact
Contact

To find out more, please drop us a line.

arbitration@shlegal.com