Capabilities - Mercatis Law

Deep expertise in all aspects of the physical and financial commodity trading markets.
Extensive experience in relation to the following commodities: oil (crude and refined products), LNG, gas and power, base and precious metals, iron ore, coal, biomass, emissions and agricultural products.
Advice and due diligence in connection with entry into new business lines, markets and jurisdictions.
Structuring of bespoke transactions to maximise commercial supply, offtake and trading opportunities.
Advising on and drafting of offtake supply and marketing contracts, physical and financial trades, prepayment, loans, leases, repos, intermediation, transit trades.
Drafting of template contracts, GTCs and related trading documentation as well as user guides and negotiation matrices.
Advice and drafting in connection with market standard contracts and rules including ISDA, EFET, FIA, CSAs, SCOTA, SIOTA, RSA, SAL , GAFTA, FOSFA, LME.
Advising on and drafting of commodity storage agreements and related documentation.

We are experienced in advising on the complex legal and operational risks associated with the shipping, transportation, delivery, storage and warehousing of commodities.
We provide expert advice on charterparties, bills of lading, demurrage, letters of indemnity and insurance.

Our lawyers have worked both in private practice and for large trade finance banks and commodity trading houses and have been heavily involved in the development and execution of innovative financing structures.
We advise clients on the full range of commodity and trade finance transactions. These include prepayment structures, pre-export, supply chain, hedging, warehouse, repos, borrowing base and securitisation.

Broad experience in commodity and shipping related disputes.
“Firefighting” of urgent, live issues and distressed situations with the aim of resolving potential disputes at an early stage.
Acting for clients in litigation before the Commercial and Admiralty Divisions of the High Court in London, and the High Court in Hong Kong.
Representing clients in international arbitration in London (LME, LCIA, ICC, GAFTA, FOSFA, SAOL, RSA, LMAA), Switzerland (ICC Geneva), Hong Kong (HKIAC, ICC), Singapore (SIAC, ICC) and China (CIETAC).

We regularly advise on the establishment of new commodity businesses, joint ventures, shareholders agreements, restructuring, capital raising, and corporate governance.

The commodities sector is subject to complex local and cross border regulations and sanctions regimes.
We regularly advise clients on the impact of these regulations and sanctions regimes, and how they may be implemented under compliance programs.

Our Capabilities