International trade
We provide strategic and practical hands-on advice concerning all aspects of international trade and transportation. We advise importers and exporters on the international carriage of goods and cross-border sale of goods. We operate in jurisdictions throughout the world.
Contracts for the international sale of goods
We advise traders on the negotiation and drafting of contracts for the international sale of goods. We specialise in commodities and oil trading contracts. We work with our clients to resolve difficulties arising out of breaches of contract, loss of or damage to goods in transit or delays in performance of the contract. Experience includes:
- acting for a major US manufacturer of branded clothing and outdoor wear - we revised our client's terms and conditions for the importation of goods into EU and non-EU countries, with an emphasis on customs, labelling and passing of title provisions
- working with our banking colleagues, we carried out an extensive due diligence exercise, reviewing Russian oil trading contracts to the value of approximately US$2 billion
- acting for a Scottish exporter of seed potatoes, which were damaged during transit by road and sea to Israel, we negotiated a favourable settlement of our client's claim despite the fact that the relevant contract was arguably governed by Israeli law and time-barred.
Logistics/contracts of carriage
We advise on the transportation of goods by sea, road, rail and air, with well-established clients in all of these areas. We can assist in the preparation of transport documentation and also advise in the event of loss or damage to goods or if delays or other difficulties are encountered in transit. Chris Hilton is an expert in the carriage of goods by sea and has contributed to Lloyd's of London's Practical Guide to Multi-Modal Transport. Experience includes:
- working with a Birmingham-based cargo-owner - the ship on which goods were carried suffered an engine breakdown and was unable to complete her voyage from the USA to India. Following salvage, transhipment and re-issue of bills of lading, the client's cargo was delivered and losses minimised
- we advised a major exporter of crude oil on their contracts for transportation of oil by rail and sea from inland Asia to destinations worldwide
- acting for a household name in the manufacture of vegetable oil products, we drafted a contract for the long-term charter of a vessel to carry bulk products between the client's processing plants.
Trade finance
We have detailed knowledge of the legal issues relating to letters of credit and their use in international trade. We offer advice on bank guarantees and bills of exchange and assist with both drafting and negotiations with banks. We work with our clients to resolve disputes arising under letters of credit and guarantees and problems encountered with presentation of and payment under letters of credit. Experience includes:
- acting for a UK high street electronics retailer, we negotiated a settlement agreement in their favour, the performance of which was guaranteed by way of letter of credit
- working with Standard Chartered Bank, we developed an innovative use of a standby letter of credit to underpin a refund guarantee in favour of our client, for a US$300m construction project in a third world country
- acting for a major importer of raw cane sugar, we negotiated contracts for the purchase of sugar in bulk, contracts of carriage by sea for the consignments and drafted letters of credit for payment for each parcel.
Insurance/risk assessment and due diligence
We advise traders on the management of risk, through re-negotiation of contracts, placing of insurance and negotiation of performance and refund guarantees. Our substantial experience in marine insurance includes advising cargo owners on the insurance of goods in transit and advising owners and charterers of vessels on risks to be covered and on disputes arising under insurance policies. We advise a number of insurers on policy and coverage issues. Experience includes:
- acting for a cruise ship operator, we reviewed their contract with the shipowner and advised on exposure. This led to our introducing a marine risks policy which, three years later, was called upon following an incident to the ship, with our client's insured benefit approaching US$1m.
For detailed information on our international offices' individual capabilities please visit their website through our Where we do Business page.