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
Publications
Events

Insights & Opinion / Trade & Transport

Kabab-Ji v Kout Food Group confirms principles on determining governing law of an arbitration agreement
In February 2021 we discussed the English Supreme Court case of Enka v Chubb, which provided much-needed clarity on how the governing law of an arbitration agreement should be determined where the agr...
27.07.2022 Posted in Trade and Transport
Force Majeure – Not A Get Out Of Jail Free Card
Woolworths Group Ltd v Twentieth Super Pace Nominees Pty Ltd [2021] NSWSC 344
17.06.2022 Posted in Trade and Transport
Forestry reform impacts NZ log traders and advisors
Recently passed legislative updates impose new regulatory standards on forestry advisors and log traders – introducing new levels of professional compliance for a previously unregulated area of the forestry sector.
04.04.2022 Posted in Business Advice & Trade and Transport
Arbitrating the America’s Cup
In 1970, after Australia was controversially disqualified in Race 2 of AC21, Sir Frank Packer “raged that protesting to the New York Yacht Club was like complaining to your mother-in-law about your ...
29.03.2022 Posted in Construction & Disputes & Trade and Transport
Colluding to stop collusion: competition agencies are working together to detect competition issues in global supply chains
Covid-19 has caused significant issues for supply chains and in some instances, business have cooperated responsibly to ensure New Zealand continues to be supplied with essential goods and services.
28.03.2022 Posted in Trade and Transport
Supply Shortages are Here to Stay – Managing Cost Escalation under NZS 3910:2013
Over the past year, New Zealand has experienced a significant increase in the cost of construction, primarily from Covid-19 related disruptions.  Supply chain constraints combined with booming domest...
04.03.2022 Posted in Construction & COVID-19
Hesketh Henry ranked in the latest Asia-Pacific Chambers Legal Directory 2022
Henry has received the following recommendations and commentary in the high-profile Asia-Pacific Chambers Legal Directory for 2022
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