Commodities

The team at Enyo Law has experience of a wide range of commodities related disputes, including:

  • The international sale of goods, including of soft commodities, oil and gas, coal, steel and precious metals
  • Trade financing of commodities
  • Disputes associated with upstream, midstream and downstream oil and gas
  • The impact of insolvency issues on industry participants
  • Termination Events or Events of Default under the ISDA Master Agreement
  • Documentary credits and standby letters of credit
  • Fraud and asset recovery
  • Futures and derivatives, including FX derivatives
  • Disputes concerning the design, marketing and construction of terminals for the import/export of commodities

Our lawyers have extensive experience acting for clients on complex, often cross-border disputes both in the courts and under all the major international arbitration rules (including ICC, LMAA, LCIA, SCC, SIAC, DIAC and UNCITRAL), as well under commodity specific arbitration rules (including GAFTA and  FOSFA rules).

We have in-depth industry and sector insight with the effective and cost-efficient management of experts, witnesses and Counsel in the relevant commercial context. 

We also advise on potential sanctions and export control issues that arise in relation to the international trade of commodities.

Our team’s experience includes:

  • Acting for an international transhipment terminal developer and operator in a multi-billion dollar dispute concerning delays to the construction of a major soft commodities terminal at a port in a Eurasian country, subject to ICC arbitration.
  • Acting for a Swiss bank in relation to claims arising out of a number of trade finance facilities, following the insolvency of a major global trader of agricultural products.
  • Acting for a high net worth individual against a major bank over inappropriate advertising and selling of high risk commodities-based investment products.
  • Advising a LME member on sanctions and export control issues concerning trading of precious metals futures.  
  • Acting for a major minerals and metals producer in relation to a dispute with its lenders over a suite of interconnected facility agreements and associated guarantees.
  • Bringing derivative proceedings and obtaining injunctions in support, on behalf of a major shareholder of a London FTSE 250 gold mining company and advising on related Takeover Panel investigations.
  • Acting for a major prime broker in a multi-billion dollar dispute concerning the close-out of numerous FX derivatives.
  • Advising a Swiss oil distribution, logistics and trading company in relation to sanctions and contractual liability, and also on the effect of sanctions risks clauses in its standard sale contracts.
  • Acting for a joint venture partner, operating in the oil and gas sector in Russia and the CIS, in three LCIA proceedings against its co-partner arising out of breaches of a Shareholders’ Agreement and related agreements. 

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