INTERNATIONAL TRADE & COMMODITIESMETALS & MINING

Ince & Co acts for many of the world’s leading players in the metals and mining industry. Wherever your company sits in the chain, be you a miner, mill, shipping and logistics provider, trader, bank, broker or end user, we can give you the legal support you need.

Ince & Co was established in London in 1870 and is known worldwide as one of the leading maritime law firms. We have over 100 partners spread over 11 offices around the world, including the global trading hubs of Singapore, Hong Kong, Shanghai, Beijing, Paris and Dubai. The nature of the work we do and the clients we act for in shipping has naturally resulted in us building up an expertise in mining and metal trading.

Broadly speaking, the work we do for our clients in the metals and mining industry falls into two groups. First, on the “constructive side”, we provide advice on trade finance and general corporate matters such as joint ventures and buying and selling companies. We also help our clients to draft clear contracts in order to try to prevent disputes arising. That primarily involves sale contracts, in particular standard terms, as well as off-take agreements, charterparties and COAs.

No matter how good your contracts seem, things will go wrong from time to time. So, secondly, we help to resolve disputes. Litigation makes up about 60% of what we do. Most of the time, in our experience, your disputes will sort themselves out fairly quickly on the basis of our prompt commercial advice. Where necessary, however, we will fight the case in arbitration or Court and if required obtain security for your claim so that you can enforce your Award or Judgment and convert this into cash.

Whilst we can only advise you on the law in the countries where we have offices, the nature of our business means that we can find you the best local lawyers to work with all around the globe. Furthermore, we have extensive experience of supervising litigation overseas.

“INCE & CO PROVIDES CLIENTS WITH A ‘TOP-CLASS SERVICE’ THAT IS ‘SIMPLY THE BEST’.”

LEGAL 500 UK, 2013

INTERNATIONAL TRADE & COMMODITIESMETALS & MINING

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INTERNATIONAL TRADE & COMMODITIESMETALS & MINING

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We advise on: > Long-term supply/off-take and spot trading contracts

including Repo’s and tolling agreements; > COAs and charters (time and voyage) and bills of lading; > Joint ventures and corporate acquisitions; > Trade finance; > Corporate governance and internal shareholder issues; > Swaps and derivatives; > Dispute resolution, including arbitrations under all the

major international rules, including LME, ICC, LCIA, UNCITRAL, LMAA and other institutional rules;

> Insurance issues relating to mining and trading risks; and > Crisis management and emergency response.

Helping your business run smoothlyThe following sets out our selected experience:

> Acting for a FTSE 100 mining company to draft all their global iron ore sales and shipping contracts for 6 month, 1 year and 5 year durations.

> Acting for the developer of a Tungsten mine in Vietnam including the negotiation of EPCM/development contracts.

> Arranging very large revolving credit and prepayment facilities for trading clients. The biggest of these run to US$1.55 billion.

> Advising a metal trading and futures company on the issue of new shares and shareholding arrangements with a major commodities trader.

> Advising metal traders on US$15 million WFOE repo contracts in China.

> Advising a major bank in connection with a reverse Murabaha in which metals were bought and sold as part of a ship financing transaction.

> Advising a commodity broker specialising in metals on compliance with FSA regulations, including client money and MiFID requirements.

> Advising one of the worlds leading gem insurers on a multi-million pound review of coverage wording offered to the mining industry.

Assisting you when problems arise > Advising Russian aluminum producers in relation to the

recoverability of hedging losses. > Advising iron ore traders in relation to disputes

surrounding the liquefaction of iron ore during sea carriage, and disputes surrounding the failure to load/provide cargo under a COA.

> Acting for a Swiss trader in respect of a claim against a vessel for release of an entire cargo of copper concentrates without production of bills of lading.

> Acting for a major trader of ferro-alloys and pig iron in relation to a dispute regarding the enforcement of a US$20 million arbitration award against a Georgian metal smelter. Awaiting judgment from the ECHR regarding Georgia’s refusal to enforce the award.

> LME arbitration for trader relating to losses on forward contracts for supply of aluminium.

> Advising Chinese aluminum manufacturers on an LME dispute relating to a multi-shipment purchase of alumina and related derivative trades.

> Acting for one of South Africa’s largest mining companies to defend claims based on fraudulent contract documentation.

> Advising aluminum smelter on disputes of over US$100 million relating to a tolling agreement.

> Insurance claim for collapse of an open cast mine in Australia.

“INCE & CO’S LAWYERS HAVE ‘EXPERT KNOWLEDGE AND GREAT ATTENTION TO DETAIL, AND ARE NICE PEOPLE TO WORK WITH,’ WITH

CORE STRENGTHS ACROSS COMMODITIES LITIGATION, SHIPPING, AND ENERGY TRADING.”

LEGAL 500 UK, 2012

Ince & Co is a network of affiliated commercial law firms with offices in Beijing, Dubai, Hamburg, Hong Kong, Le Havre, London, Monaco, Paris, Piraeus, Shanghai and Singapore.

E: firstname.lastname@incelaw.com incelaw.com

24 Hour International Emergency Response Tel: + 44 (0)20 7283 6999

LEGAL ADVICE TO BUSINESSES GLOBALLY FOR OVER 140 YEARSThe 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.

HAMBURGDaniel Jones, Partnerdaniel.jones@incelaw.com ()

LONDONTed Graham, Partnerted.graham@incelaw.com ()

PARIS/LE HAVREJerome de Sentenac, Partnerjerome.desentenac@incelaw.comParis: () Le Havre: ()

MONACOIan Cranston, Partnerian.cranston@incelaw.com

PIRAEUSEvangelos Catsambas, Partnerevangelos.catsambas@incelaw.com

DUBAIRania Tadros, Partnerrania.tadros@incelaw.com

SINGAPOREJohn Simpson, Partnerjohn.simpson@incelaw.com

SHANGHAIPaul Ho, Partnerpaul.ho@incelaw.com ()

HONG KONGRory Macfarlane, Partnerrory.macfarlane@incelaw.com

BEIJIN GWai Yue Loh, Partnerwaiyue.loh@incelaw.com ()

Key global contacts for metals and mining