Expertise

Trade & Commodities

Overview
Proven legal expertise to keep the wheels of international trade turning

Hesketh Henry supports New Zealand and international businesses engaged with the supply of materials and products around the world. Our trade and commodities lawyers provide practical, timely and cost-effective advice related to all aspects of importing and exporting.

Our trade law specialists have experience dealing with the key commodities traded into and out of New Zealand: agriculture, coal, oil, grains, fertiliser, logs and timber products. Many of them have worked internationally and we regularly advise on agreements and issues involving international counterparties. Simon Cartwright leads this group and has extensive experience – before joining Hesketh Henry he headed the Middle East shipping and commodities practice of an international law firm

The team’s International trade law expertise includes dispute resolution domestically and offshore, joint ventures, contract review and drafting terms and conditions, regulatory issues, insurance claims and product liability, trade finance, mergers and acquisitions and sanctions. We can also assist companies in the import/export sector with all other aspects of their legal advice needs, including employment relations, health and safety and property.

Need advice on Trade & Commodities?
Contact the expert team at Hesketh Henry.
Examples

Examples of work completed by our team include:

  • Advising an internationally owned forestry products manufacturer in relation to the sale of forestry assets;
  • Advising international importers in relation to the alleged contamination of food products during shipment;
  • Advising an international commodities trader in relation to bio-security issues for the importation of animal feed into NZ;
  • Advising NZ fertiliser importers in connection with the detention of its chartered vessel in South Africa;
  • Advising commodities traders (including sugar, metals, oils and grains) on sale and purchase contract terms, damage to or contamination of goods, trade finance and disputes in international litigation and arbitration;
  • Advising an international log trader in relation to trade finance issues, including advising on sale contract terms.;
  • Advising on trade credit insurance terms and claims arising under trade credit insurance policies;
  • Advising on the design of IP programmes to ensure export regimes of other jurisdictions do not apply to jointly developed technology;
  • Advising on large product recall of safety critical components involving numerous marine vessels in multiple jurisdictions.  All components replaced, with every regulator’s approval, whilst the vessels were docked for regular periodic maintenance;
  • Advising on the joint development of improved production of industrial diamonds by PRC and US interests;
  • Joint Venture between US and UK interests to build and supply Mastiff, Ridgback and Wolfhound vehicles to the UK MOD;
  • Advising on the long term supply agreements for cross border supplies of componentry with applications in a variety of fields including petrochemical, vehicles, aeroplanes, marine vessels, vehicular and personnel body armour, health scanners and implantable medical devices; and
  • Advising a NZ based steel trader and manufacturer on a multi-million dollar demurrage claim under a long term COA following the failure of a mooring buoy in heavy weather.
Key Contacts
Recommendations
The Transport team has been recognised in the latest Legal500 Asia Pacific 2021 Directory.
The Legal500 Asia Pacific 2021 Directory individually recommended Partner, Simon Cartwright as a 'Leading Individual' in the Transport (rail, road, air and sea) practice area.
Publications
Events

Insights & Opinion / Trade & Commodities

Formation of Contract: Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd
The English High Court decision in Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd [2021] EWHC 287 highlights the importance of parties to commodities contracts expressly including an arbitration clause in the contract. This is particularly when the contract is formed by email or instant messaging negotiations.
20.09.2021 Posted in Litigation & Dispute Resolution
When Contracts Contradict: Septo Trading Inc v Tintrade Ltd
Contracts in international trade are often formed by a combination of emails recording expressly agreed terms, but with a reference to standard terms and conditions being incorporated.
English Supreme Court clarifies approach to determining the governing law of an international arbitration agreement
The English Supreme Court has recently clarified how the governing law of an arbitration agreement should be determined, where the agreement lacks an express choice of law provision.  In an area of l...
English Supreme Court rejects universal application of “gold standard” for disclosure of arbitrators’ interests
Justice must both be done, and be seen to be done.
10.02.2021 Posted in Insurance & Maritime & Trade and Commodities
Phishing for payment: How Team New Zealand was scammed
Hackers often try to scam entities making international payments by impersonating one, or both, parties to the payment.
The Commerce Commission is set to undertake a market study into the Retail Grocery Sector
On 17 November 2020 the Minister of Commerce and Consumer Affairs announced a market study into the retail grocery sector through the Commerce Commission under Part 3A of the Commerce Act 1986 (Act)....
Entitlement to Indemnity under Marine Transit Insurance
The decision of the Full Federal Court of Australia in Swashplate Pty Ltd v Liberty Mutual Insurance Company trading as Liberty International Underwriters addresses the issue of when risk attaches pur...
16.09.2020 Posted in Insurance & Maritime & Trade and Commodities
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