Our practice
Ince & Co acts for many of the world’s largest independent oil and gas traders and has been doing so for decades.
Whilst our reputation is historically founded upon assisting clients to resolve the day-to-day problems and disputes that arise from oil and gas trading, we also put our experience to use assisting clients in non-contentious areas such as the drafting of standard form contracts, joint ventures and trade finance (our extensive experience in the latter areas being summarised in our separate “Structured Trade and Commodity Finance” brochure).
Our expertise
In order to assist oil and gas trading clients in their activities, it is essential that our lawyers are experts in the areas of both shipping and international sale of goods; in the majority of situations when problems occur, issues arise both in relation to the underlying sale contract and the transport of the cargo concerned.
A number of our partners and solicitors have, over the years, developed this dual expertise and are able to provide clients with the well-rounded, comprehensive advice they require. We advise clients on an extensive range of trading, shipping and trade finance issues including:
> quality determination, contamination and “off–spec” claims; > late shipment/delayed arrival;
> letters of credit and documentary compliance; > demurrage under both charters and sale contracts; > bills of lading and LOIs;
> contract negotiation and formation; > standard trading terms/GT&Cs;
> crisis management and emergency response; > sanctions;
> revolving credit facilities;
> export prepayment financing facilities; > joint ventures;
> safe port issues; and
> on- and off-shore storage contracts.
“INCE & CO IS ‘ONE OF THE BEST.’ THE FIRM ADVISES MANY OF THE WORLD’S
LEADING TRADING HOUSES, NOTABLY IN THE OIL, GAS AND COAL SECTORS.”
Recent Experience
> Acting for LC bank in litigation arising out of disputes between The Republic of Sudan and The Republic of South Sudan as to the ownership of crude oil shipping out of Port Sudan.
> Advising a major oil trader in a string contract following the lengthy detention of a VLCC by the Nigerian authorities.
> Acting for Gunvor and owners of the “Erin Schulte” in relation to a claim referred to the Admiralty Court by LC bank asserting rights as “lawful holder” of bills lading in respect of an oil cargo following wrongful rejection of documents under a letter of credit.
> Assisting a major independent oil trader in release of ship and cargo held by Somalian pirates.
> Advising an independent oil trader following discharge of a cargo of gasoil without production of bills of lading and prior to payment being made by the trader’s buyer. > Advising a national oil company following the failure by
Contract of Affreightment partners to provide lifting vessels resulting in storage problems at a major refinery and recovering substantial damages in a London arbitration.
> Assisting a major independent oil trader in obtaining a freezing order over Kazak interests’ assets in relation to disputes arising out of prepayments made for Kazak oil products.
> Acting for a Swiss oil trader in relation to recovery from cargo underwriters for loss of cargo following piracy attack and transhipment.
“INCE & CO IS WELL REGARDED IN THE PHYSICALS ARENA, MOST NOTABLY
WITH RESPECT TO THE ENERGY SECTOR. THE FIRM’S PRE-EMINENT
REPUTATION IN SHIPPING MATTERS MEANS IT IS WELL POSITIONED TO
ADVISE ON INTERNATIONAL TRADE INVOLVING OIL, GAS AND COAL CARGOES.”
CHAMBERS UK, 2013
> Advising an independent oil trader in respect of its rights and obligations relating to a distressed cargo of gasoil when the original contract was frustrated by the imposition of Libyan sanctions.
> Advising a major oil trader in respect of its claims against joint venture partners, insurance brokers and credit risk underwriters following the insolvency of long term time charterers of two new buildings.
> Acting for a major national oil company on the drafting of a master LNG sale and purchase agreement for spot sales and a long term SPA for securing supplies to two Floating Storage and Regasification Units.
> Advising in respect of a transaction involving LNG SPAs with RasGas and Gas Sale and Purchase Agreements/Gas Transportation Agreements with Indian public sector undertakings GAIL, IOC, BPCL and HPCL.
> Advising wholesale purchasers in international arbitrations arising from complex price review disputes under high value, long term LNG SPAs.
> Acting for an oil trader concerning the impact of delays and force majeure issues arising out of a fire at the Bukom Island oil terminal in September 2011 on its sale contracts, shipping contracts and letters of credit.
> Advising a national oil company on GT&C’s for the sale of crude and products.
> Advising a major oil company on compliance with antitrust law of their JV arrangements for disposal of crude oil. > Challenging access rights to an oil products terminal on
the basis that the exclusion of a major trader was an abuse of a dominant position and infringed competition law.
OUR TEAM INCLUDES:
Stuart Shepherd Partner, LondonStuart has been a partner in the firm’s international trade group for over 20 years and acts extensively for oil and gas and coal trading clients. He is regarded by Chambers UK 2013 as “extremely experienced and
immensely practical, and understands the legal and commercial dynamics of any dispute.” Other
commentators observe that he is “a lateral thinker who sees to the heart of a dispute very quickly.” Legal 500 UK, 2012.
stuart.shepherd@incelaw.com
Will Marshall Partner, London
Will is a trade and energy specialist and acts for a number of the world’s largest ship-owners/operators, trading houses and energy contractors. He provides commercial advice on the transportation, trade and production of oil, gas and other commodities. As well as litigating commodities and shipping disputes, Will advises on the negotiation and drafting of charters, commodity sale contracts, joint venture and profit sharing arrangements and various derivatives products. He is recommended in Chambers UK 2013. will.marshall@incelaw.com
Ted Graham Partner, London
Ted joined Ince & Co in 1994 and became a partner in 2005. Ted’s career has always focussed on shipping and trade plus general litigation. His practice covers the entire range of shipping and trade matters and he acts for many major international traders, ship owners and charterers. He has particular expertise in oil trading disputes. Most recently, Ted has advised industrial metal producers and traders. As described in Legal 500 UK 2012, Ted’s team ‘always give clients confidence’.
ted.graham@incelaw.com
Jonathan Goldfarb Partner, London
Jonathan’s practice focuses on energy and trading projects, across the oil, gas and offshore wind sectors. He represents some of the world’s largest energy companies and traders as well as financing banks, on a wide variety of projects. On the financing side, Jonathan assists clients in connection with the full spectrum of energy and trade finance matters, from advice on letters of credit, through to large-scale, working capital revolving credit facilities, reserve based financing, pre-export financings, or prepayment arrangements. He is recommended in Chambers UK 2013.
Daniel Jones Partner, Hamburg
Daniel joined Ince & Co in 2001 and became a partner in 2009. In 2008 he joined Ince’s Hamburg office to assist in the development of the office’s English law shipping, trade and marine insurance practices. He represents clients in arbitrations and court proceedings and lectures on trade and insurance law. Daniel has extensive experience in acting for traders in relation to disputes under trading contracts including, in particular, acting for oil traders in relation to sale contract and letter of credit disputes.
daniel.jones@incelaw.com Ian Cranston
Managing Partner, Monaco
Based in Monaco, Ian leads the firm’s team in the Principality and also heads up our Italy team. He advises clients in the international trade and commodities, energy and offshore and shipping sectors. Ian acts for a number of major international trading companies, advising on all aspects of transactions including sale and transportation, physical and paper contracts, freight forwarding agreements, financing, insurance, hedging and disputes in all areas of their businesses.
ian.cranston@incelaw.com
John Simpson Partner, Singapore
John has wide experience advising clients in relation to contentious and non-contentious issues arising out of the international trade of oil, bulk cargoes (including coal and iron ore) and LME metals. In particular, John advises on contracts for the sale and purchase of commodities, charterparties, bills of lading, hedging transactions, FFAs and shipping derivatives, as well as shipbuilding contracts and MOAs. He acts for traders, shipowners and charterers, banks, P&I clubs and hull underwriters.
john.simpson@incelaw.com
Martin Brown Partner, Singapore
Martin heads our business and finance team in Singapore. In addition to broad finance experience (including project, trade and acquisition finance), he has specialist shipping and offshore finance knowledge, particularly in the Asian markets.
Paul Ho
Partner, Shanghai
Paul Ho heads Ince & Co’s Shanghai office. He is familiar with all aspects of the firm’s shipping and trade practices, including negotiation and drafting of contracts as well as handling of disputes and international arbitrations. Paul represents a number of large private and state-owned trading companies with a particular focus on oil and gas trading, as well as physical commodities. He advises on all aspects of sale and
transportation of crude oil, refined products and gas and he has also handled numerous disputes ranging from quality, shortage and late delivery to charterparty issues. Paul is is dual qualified in Hong Kong and England & Wales, and he speaks fluent English, Cantonese and Mandarin.
paul.ho@incelaw.com Wai Yue Loh
Partner, Beijing
Wai Yue heads Ince & Co’s Beijing office. He has been a shipping and trade lawyer since qualifying to practise law in 2002 and is admitted as a solicitor in England & Wales, Hong Kong and as an advocate and solicitor in Singapore (non practising). Much of his practice involves advising commodities traders and their insurers in respect of shipping and international trade related disputes, many of which involve international litigation and arbitration. A significant proportion of the clients he services are large state-owned
enterprises based in Beijing and northern China who are involved in the trading of various types of dry bulk cargoes and oil & gas. He speaks English, Mandarin, Cantonese and the Fujian/Taiwanese dialect.
waiyue.loh@incelaw.com
Rory Macfarlane Partner, Hong Kong
Rory has a broad background in complex commercial litigation and is dual qualified as a solicitor in England & Wales as well as Hong Kong. He has extensive experience in resolving disputes involving physical commodities as well as futures.
rory.macfarlane@incelaw.com Max Cross
Partner, Hong Kong
Max has worked in both Ince London and Hong Kong offices, focussing on maritime and commercial arbitration and litigation. His experience includes all forms of dispute resolution, such as court, arbitration and mediation. His experience of managing international trade, charterparty, bill of lading and marine insurance disputes has been gained working with some of the world’s largest traders.
Alexandre Besnard Partner, Paris
Alexandre is dual-qualified as an avocat at the Paris Bar and as an English Solicitor. He joined Ince’s London office in 2001, moved to our Paris office in 2006, and became a partner in 2011. Alexandre is a commercial litigator specialising in international trade, shipping, energy, construction, engineering and insurance litigation and arbitration. He has worked in-house in Paris both in the oil/energy sector and in the insurance sector at Lloyd’s in London.
alexandre.besnard@incelaw.com
Jamila Khan Partner, Piraeus
Jamila acts for oil and commodities trading clients in contentious and non-contentious matters, including at the High Court and in arbitration. She also deals with matters of enforcement and is experienced in a range of non-contentious matters for trading clients, including joint venture agreements and
commodities sale and purchase contracts. jamila.khan@incelaw.com
Peter Measures Partner, Dubai
Peter has extensive oil and gas trading experience. He also acts for owners, contractors and banks in a range of transactions involving offshore oil and gas assets and trade-related financing and other corporate and banking work. Peter has been recognised by Chambers as a leading lawyer. peter.measures@incelaw.com
Graham Crane Partner, Dubai
Graham specialises in maritime and international trade matters as well as general commercial disputes. He has recently been involved in Freight Forwarding Agreement (FFAs) disputes and other disputes arising from FOB and CIF shipments.
LEGAL ADVICE TO BUSINESSES GLOBALLY FOR OVER 140 YEARS
The information and commentary herein do not and are not intended to amount to legal advice to any person on a specific matter. They are furnished for information purposes only and free of charge. Every reasonable effort is made to make them accurate and up-to-date but no responsibility for their accuracy or correctness, nor for any consequences of reliance on them, is assumed by the firm. Readers are firmly advised to obtain specific legal advice about any matter affecting them and are welcome to speak to their usual contact.
© 2014 Ince & Co International LLP, a limited liability partnership registered in England and Wales with number OC361890. Registered office and principal place of business: International House, 1 St Katharine’s Way, London, E1W 1AY.
