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Belinda Ellington joins as a consultant solicitor

Mercatis Law is delighted to announce that Belinda Ellington has joined us as a consultant solicitor, based at our London office.  Belinda is a senior legal professional with more than 20 years’ experience in law, regulation, and negotiation relating to Finance across Global Commodities’ Markets and ESG. Belinda recently left Citi after 10 years, where she […]

An Introductory Guide for New Market Participants in Trading of Carbon Credits and Offsets

This article gives an outline of the compliance and voluntary carbon markets, the differences between carbon credits and offsets, developments in the exchange-traded markets, as well as recent market initiatives. Its aim to provide a helpful introduction for in house lawyers, compliance professionals and other relevant functions who may be new to these markets.

Is It time to Include Carbon Emissions Reduction and Sustainability Obligations in Commodities and Energy Contracts?

Many energy companies and commodity producers, shippers and traders have made pledges to reduce carbon emissions and operate more sustainably.
In this article we consider some of the contractual tools that may be used to assist companies in meeting their carbon emissions reduction and sustainability targets. 

The New UK Emissions Trading Scheme (UK ETS)

The UK has launched its post-Brexit “cap and trade” carbon trading system called the UK Emissions Trading Scheme (UK ETS). This client alert briefly summarises the new policy framework in which the UK ETS will operate, identifies the sectors to which it will apply and considers the trading documentation used to trade UK ETS allowances (UKAs).

Singapore vs London Arbitration (SIAC vs LCIA): What are the differences and what factors should be considered when making a choice?

In this article we outline some of the key differences between SIAC and LCIA arbitration and some of the factors to consider when selecting your arbitral forum in the context of the energy and commodity trading sector.

Precious Metals Loans, Leases and Repos – What are they and what are the risks?

This Client Alert explores the principal features of loans, leases and repos involving precious metals, together with the associated legal and credit risk implications.

Angus Macdonald joins Mercatis Law as a Consultant Solicitor

We are pleased to welcome Angus Macdonald to Mercatis Law as a Consultant Solicitor.

Finance for SMEs in the COVID-19 World

It can be challenging for a privately held SME to fund its existing and future business activities. COVID-19 has made matters far more uncertain and difficult, particularly in those sectors hardest hit by the pandemic. This Client Alert explores some of the financing options that may be available to an SME.

ALB Trailblazer Awards 2020 – Mercatis Law

We are very excited to announce that Mercatis Law Asia LLP has been recognised as a “Trailblazer” in the small and mid sized firm category in the Asian Legal Business Trailblazer Awards 2020.

Long Term LNG Supply and Purchase Agreements: Contractual Mitigants for a Challenging Market

The global COVID-19 pandemic and the recent oil price shocks are compounding the issues arising from an already oversupplied LNG market, providing for additional challenges to LNG traders globally. In this client alert we will identify the most common clauses typically found in SPAs to help mitigate challenging market conditions.

Smart Contracts – Some Degree of Predictability under English Law

In August 2019, we published a Client Alert entitled “Smart Contracts in the Physical Commodity Markets”. This new Client Alert covers recent developments concerning the treatment of smart contracts under English law.

PJ Legal is changing its name to Mercatis Law

PJ Legal is changing its name to Mercatis Law and has hired Simon Jones from Reed Smith. These developments reflect our strong international growth over the past year. We now advise commodities and energy businesses in Singapore, Europe and the UK.

Changes to UK Gas Transmission Charges: Ofgem UNC678 Consultation

A quick look at Ofgem’s ‘minded to’ consultation regarding changes to gas capacity charges under the the Uniform Network Code (UNC678).

Incoterms 2020 – A Quick Guide to the Key Changes

The ICC has conducted its ten yearly review of Incoterms and published a new version which is now in effect. We’ve prepared a quick guide to the key changes in Incoterms 2020.

Smart Contracts in the Physical Commodity Markets

This Client Alert addresses the nature and legal considerations surrounding smart contracts the physical commodity markets.

Green Finance & the Shipping Industry

This Client Alert summarises recent developments in green finance in support of the international shipping industry, including the Poseidon Principles.

The LNG MSPA – An Introduction

This client alert provides a brief introduction to LNG MSPAs, outlines their key provisions and identifies issues to look out for.

When your binding LNG trade is non-binding

The deal sheet for your firm LNG trade will likely contain a free option for a party to walk away from the deal. Find out what this is, why it’s there and best practice to mitigate the risks.

Reasonable or Best Endeavours: How Hard should you Try?

Do you understand the difference between reasonable and best endeavours? Do you know what you are required to do to meet your obligations? This client alert explains the key differences.

Japan Bans LNG Destination Restrictions in FOB Contracts

Japan bans destination restrictions in FOB sales – considers if take or pay and profit shares are anticompetitive.

Duty of Good Faith

This Client Alert briefly explains what a duty of good faith is, how it can be incorporated into an English law contract and what constitutes breach. It explains why care should be taken before agreeing to an express duty of good faith and that a better approach is to draft complete contracts rather than rely on ambiguous catch-all provisions.