Expertise

Trade & Transport

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 & Transport?
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
Media
Publications
Events

Insights & Opinion / Trade & Transport

Contract dictionary
Is ‘close enough’ OK? Reasonable endeavours to overcome a force majeure event
The English Supreme Court’s decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18 has demonstrated the effect sanctions may have on a contract as a force majeure event and clarified the parameters of...
03.09.2024 Posted in Trade and Transport
The useful Mackay v Dick principle is part of English law – might it apply here?
The useful Mackay v Dick principle is part of English law – might it apply here? In King Crude Carriers S.A. & Ors v Ridgebury November LLC & Ors, the English and Wales Court of Appeal confi...
03.09.2024 Posted in Trade and Transport
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Two-timing: Separating Jurisdictions for Limitation and Underlying Claims
Zurich Insurance Company Ltd (t/a Navigators and General) & others v Halycon Yacht Charter LLP [2024] EWHC 937 (Admlty) confirmed limitation claims may be heard in a different jurisdiction to the ...
15.08.2024 Posted in Trade and Transport
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Anticipatory Repudiatory Breach and the Date of Default: Ayhan Sezer v Agroinvest
The decision in Ayhan Sezer v Agroinvest [2024] EWHC 479 (Comm) clarifies that where there has been an anticipatory repudiatory breach of contract, the “date of default” is the date of the breach ...
25.06.2024 Posted in Trade and Transport
BCC Trade Credit v Thera Agri Capital: Policyholder Successful Against Credit Insurer in Australian Court of Appeal Decision
When applying for trade credit insurance, a prospective insured will typically provide information on the financing arrangements that will form the basis of cover. Where there is deviation from these ...
05.03.2024 Posted in Insurance & Trade and Transport
Anti-Suit Injunctions in Support of Arbitration Agreements
In a recent decision in which Hesketh Henry acted for the successful applicant, the High Court of New Zealand ordered an anti-suit injunction in support of an agreement to arbitrate – the first such...
06.07.2023 Posted in Trade and Transport
marine
It’s not “all care, no responsibility”
Director prosecuted for health and safety failures arising from fire that caused significant damage to cargo ship.
29.05.2023 Posted in Health & Safety & Trade and Transport
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