Trade & Commodity Finance Experience Brochure
Trade & Commodity Finance Experience Brochure
Trade & Commodity Finance Experience Brochure
Finance
September 2009
Watson, Farley & Williams
Contents
Our approach.......................................................................................................................3
EUROPE...........................................................................................................................6
AFRICA.............................................................................................................................7
MIDDLE EAST................................................................................................................10
ASIA................................................................................................................................13
AMERICAS.....................................................................................................................14
Team profiles.....................................................................................................................18
Our legal teams advise on English, French, German, Greek, Italian, Russian, New York,
US federal and Thai law and we maintain active relationships with leading law firms in
many other countries.
Our strengths derive from our commitment to excellence and we are determined to
maintain those standards as we expand.
We are an energetic and enterprising legal practice committed to providing the highest
possible levels of service.
We believe in establishing and maintaining close working relationships with each of our
clients and in taking time to understand their particular businesses and objectives. This
approach enables us to assist our clients in achieving their goals.
We combine commercial acumen with technical expertise to offer creative but practical
solutions which facilitate our clients’ objectives. It is our aim to provide a service which
exceeds our clients’ expectations.
We strive to become the adviser of first choice to each of our clients in every area of
expertise.
3
Our trade & commodities finance
practice
The exceptional dynamism of the international trade and commodities markets in recent
years, driven by volatile commodity prices, the growth of emerging markets corporates and
the recent crisis in the world’s financial markets, has resulted in a range of challenges and
opportunities for the origination and restructuring of trade and commodities finance deals.
• Our lawyers understand the full extent of supply chains with experience ranging
from the financing of the production of raw materials, manufacturing processes,
storage and transportation of goods, receivables financing and cash management
products.
4
Our clients include banks and financial institutions, such as Citibank, Calyon, Fortis Bank
Nederland, BNP Paribas, Lloyds TSB, Societe Generale, Intesa Sanpaolo and ING, and
corporates such as Trafigura, BHP Billiton, Ericsson and Norsk Hydro.
We act for banks, non-bank lenders, traders, producers and other borrowers in:
• Pre-export finance
• Derivatives
5
Our experience
The following is a selection of transactions undertaken by our lawyers in this area.
EUROPE
• Advising Standard Chartered Bank on a US$50m senior debt and US$10m junior
debt facility to a Greek oil company
• Advising Lloyds TSB Bank plc on a US$25m structured trade financing facility to
a Swiss trading company involving security over fertiliser stocks in Russia and the
Baltic States
• Advising on the terms of a standard form bank mandate and account opening form
• Advising BHP Billiton on its trade finance documentation with various banks
• Advising Fortis on a receivables facility for Terex Corporation and its UK, German,
French and Italian subsidiaries
• Advising Intesa Sanpaolo in relation to a €45m SACE backed facility for the export
of steel rolling plant to a Ukrainian borrower
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• Advising a Middle Eastern bank on a £45m invoice discounting and letter of credit
facility for the financing of international trade in manufactured household goods
• Advising a major French bank in an unusual High Court action brought to enforce
the bank’s security over goods in transit over which the bank had security for the
applicant’s payment obligation. The case involved an expedited trial against
owners, charterers and consignees during the court vacation and the detention of
the vessel at sea whilst the bank’s claim was settled
• Advising a major European bank in an action concerning the scope of the fraud
exception under UCP 500 in respect of deferred payment credits. The case is
likely to be a leading authority in this area
• Advising the lender on a US$30m revolving credit facility, including FX, money
market and derivative products for a shipping company structured as a borrowing
base facility with security over trade receivables
AFRICA
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• Advising Intercontinental Bank (UK) Ltd in preparing standard form trade finance
documentation for issuing, confirming and discounting letters of credit and
demand guarantees
• Advising an exporter in relation to sale and financing contracts for the export of
fertiliser to West Africa, with related financing arrangements involving the sale of
receivables for amounts of up to US$10m at any one time
8
• Advising African Export-Import Bank on a revolving invoice discounting facility, in
order to provide finance for corporates carrying on business with oil majors in
Nigeria, Angola and other eligible African countries
• Advising African Development Bank on financing for the MTN Cameroon GSM
network in relation to its bid to secure a GSM licence in Cameroon
• Advising an energy trader in relation to a joint venture for the storage and
transportation of hydrocarbons in Congo
• Advising African Export-Import Bank on various letter of credit and trade finance
arrangements with the Ghana Cocoa Board in Ghana
• Advising French banks on a US$40m project financing for the construction of oil
refining facilities in the Ivory Coast
• Advising African and European multilateral development banks, French ECA and
other lenders on a €315m project financing of a GSM telecommunications network
in Kenya for a major French multinational including a local bond issue as well as
local and international debt facilities
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• Advising an international oil & gas company on the sale of oil & gas exploration
interests in Kenya
• Advising a US bank on a global trade finance program for factoring debts due from
OECD importers to non-OECD exporters in Kenya
• Advising a French bank as agent for the French export lenders in Phase 1A of a
Hydroelectric Project in South Africa
• Acting for one of the world's leading commodity trading company's in a High Court
action with the South African Government state agency responsible for the
country’s strategic oil reserve and concerning a multi million dollar oil trading
contract
MIDDLE EAST
• Acting for a Middle Eastern owned bank on the preparation of security over cash
deposits made by an Iranian based financial institution.
10
• Advising a Middle Eastern bank on the purchase of supplier credit loan
receivables in connection with telecommunications equipment in Pakistan
• Advising a Middle Eastern bank in connection with the purchase of supplier credit
loan receivables due for Saudi Arabian borrower in respect of telecoms equipment
• Advising a Middle Eastern bank in connection with the purchase of supplier credit
loan receivables in connection with telecommunications equipment in Iraq
• Advising a leading Saudi Arabian bank on structured loan, letter of credit and
guarantee facilities provided to a rice importer, involving security in the UK and the
US
RUSSIA / CIS
11
• Advising a UK Plc on joint venture arrangements relating to a production sharing
agreement with SOCAR (state oil company), Amoco and Monument Oil for the
exploration of the Inam Block offshore Azerbaijan
• Advising Global Energy Group on the supply of turbines and ancillary power
equipment to a Russian smelting company
12
• Advising a commodity trader on a US$10m prepayment of a Russian oil producer
in relation to the delivery of crude oil
ASIA
• Advising Deutsche Bank AG (Structured Trade & Export Finance team) on its
US$95m bilateral inventory financing facility provided to PT Tripanca Group in
Indonesia. Deutsche Bank AG, Singapore Branch acted as the sole arranger and
Deutsche Bank AG, Jakarta Branch acted as the sole lender. The facility was
structured as a revolver with 1 year tenor and secured by new inventory (coffee
beans) to be financed under the facility. The deal structure involved tripartite
collateral management agreement among the borrower, the lender and the
collateral manager (appointed by the lender) for the purpose of providing the
marked-to-market valuation of the inventory on a weekly basis
13
• Advising an international energy trader in relation to LPG processing and storage
facilities owned and operated by Pertamina, involving advising on “bonded zone”
status in Indonesia, joint venture arrangements, storage, sale and purchase
mechanics and transaction structure
• Advising the lender on the bankability proposals for the fuel supply arrangements
for a series of power projects in Gujarat, India
• Advising one of the largest commodities and animal feed traders on complexed
trade finance and arbitrage transactions in Thailand
AMERICAS
• Advising a French bank on numerous structured trade financings for Cuban state-
owned entities supported by export receivables generated by commodity sales
contracts for sugar, oil and nickel and by tourism services
14
• Advising the owner and operator of a petroleum products storage facility in
Argentina
15
• Advising the arranger, a major French bank, on a US$180m revolving credit
facility to provide finance for a receivables purchase facility in favour of the state
owned Cuban oil corporation
• Advising Fortis Bank and OND (the Belgian export credit agency) on a US$30m
facility to a major Cuban bank secured on tourism receivables
• Advising the owner and operator of a petroleum products storage facility in relation
to various contractual matters in Paraguay
16
• Advising an international energy trader on a US$40m advance payment facility
made to a Peruvian subsidiary of an Argentinean oil producer against the delivery
of crude oil
• Advising the lender, a Swiss bank on finance arrangements for an oil major to
support the export of oil and gas from Trinidad
• Advising Chase Manhattan Trustees as the trustee, collection agent and lender
agent in a US$200m securitisation of export receivables of a major Colombian
coffee fund
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Team profiles
JAMES A WATTERS
Partner
London
SUMMARY
James Watters joined Watson, Farley & Williams in 1992 as a Partner, dealing with a
broad range of asset finance, trade finance and banking transactions
MICHAEL KENNY
Partner
London
SUMMARY
Michael Kenny is a Partner in the London office of Watson, Farley & Williams. He
specialises in international banking and asset finance, with a particular focus on structured
trade and commodity finance and export finance. He is admitted in England and Wales
(1978) and in Hong Kong (1986).
He has extensive international experience, having worked as a lawyer in the Middle East
(Bahrain), in Hong Kong and in New York, where he was the resident English partner at
the firm’s New York office from 1995 to 1997. Michael is also experienced in acting for
multilateral credit agencies, including International Finance Corporation, African
Development Bank and African Export-Import Bank
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CELIA GARDINER
Partner
London
SUMMARY
Celia Gardiner qualified as a solicitor in 1991 and spent the early part of her career at
Norton Rose, specialising in banking, insolvency and debt restructuring. She worked for
five years as a partner at Richards Butler (now Reed Smith Richards Butler) where she
developed a particular interest in trade and commodities finance, working as part of a
market leading international energy, trade and commodities team. She joined Watson,
Farley and Williams as a partner in January 2008. Her practice consists principally of
international trade and commodities finance in which she acts for banks, non bank
lenders, commodities houses and trade borrowers. Clients include BHP Billiton, Fortis
Bank NV, HSBC Private Bank plc, Lloyds TSB, Europe Arab Bank plc, Persia International
Bank plc and Intesa Sanpaolo. She also continues to work on corporate debt restructuring
and insolvencies, with particular expertise in the insurance sector
ANDREW SAVAGE
Partner
London
SUMMARY
Andrew Savage qualified as a solicitor in 1997 and became a Partner at Watson Farley &
Williams in 2004. He was appointed Head of Litigation in 2007 and specialises in
commercial and finance disputes and international arbitration. He has acted on several
large scale cases involving cross border issues and regarding the relationship between
arbitration and court proceedings within and across states. He has also acted for and
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against state entities including the Federal Republic of Germany (in relation to an
important art theft case) and the Government of the Republic of Zambia (an arbitration
raising private law and public international law issues). The arbitration and litigation cases
he has advised on have related to finance, insolvency, energy, commodities, insurance,
shipping, construction, computer software and art theft.
LINDSEY KEEBLE
Partner
Paris
+33(0)156886043
SUMMARY
Lindsey Keeble is a partner in the firm’s Paris office. Lindsey completed her LLM at Kings
College London in 1998 and joined Watson, Farley & Williams’ London office in 1999 as a
trainee solicitor. She qualified in 2001 and relocated to the Paris office in 2008. Lindsey
specialises in project and asset finance, focusing on the renewables and maritime sectors,
and commodity finance.
LAURENCE MARTINEZ-BELLET
Partner
Paris
0156882142
SUMMARY
Laurence Martinez Bellet joined the Paris office of Watson, Farley & Williams as a Partner
in April 2005, and is now head of the Paris office. She specialises in asset and structured
finance, and French and international leasing (aircraft, ships and equipment). Laurence
has acted for banks and financial institutions, equity providers, aircraft operators, finance
and operating lessors and arrangers. She has experience in structuring, documenting and
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negotiating construction, acquisition, leasing and financing documentation transactions
involving principally, vessels, aircraft and industrial equipment.
ERIC DIAMANTIS
Partner
Paris
+33(0)1 56 88 49 20
SUMMARY
Eric Diamantis focuses his practice on project development and risk management and
has advised project companies as well as developers/sponsors, governments and other
project participants in oil and gas, transportation and other infrastructure projects, in
France and abroad. In particular, he has worked extensively in Africa.
Eric Diamantis is a graduate of the Ecoles des Hautes Etudes Commerciales, a leading
French business school, and also has a degree of the Paris Institute of Political Sciences
(Science-Po). He holds as well a post-graduate degree of procedure in civil law from the
University of Paris II. He is also a Vice-President of the Euro-Mediterranean think tank
Ipemed. He is fluent in English, Italian, and Macedonian, has a fair knowledge of Spanish,
Serbo-Croatian, German and Russian and a basic knowledge of Chinese (Mandarin). Eric
Diamantis is admitted to the Paris bar.
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THOMAS HOLLENHORST
Partner
Hamburg
SUMMARY
Thomas Hollenhorst is a partner in the firm’s international Project & Structured Finance
Group and founded Watson, Farley & Williams’ Hamburg office in 2005. He qualified as a
lawyer in 1998 and gained extensive banking experience as in-house lawyer with
Deutsche Bank and Berenberg Bank. Thomas has particular experience in acting for
banks and developers on large project and structured financing transactions. He is fluent
in English in addition to his native German.
Partner
Hamburg
SUMMARY
Dr Stefan Kilgus is a partner in the International Project & Structured Finance Group. He
advises lenders, borrowers and sponsors on major finance transactions, such as project
and acquisition finance, receivables purchase facilities and debt restructurings.
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VIRGINIA MURRAY
Partner
Athens
SUMMARY
Virginia graduated from Cambridge in 1989 and practised as a barrister for five years in
London before moving to Athens and qualifying as a lawyer there in 1998. She joined
WFW in 2007 after ten years at a major Greek commercial firm and specialises in
acquisitions and financing in Greece's fast-developing wind energy sector, as well as other
corporate M & A and finance deals in Greece for Greek and foreign investors and banks.
ELVEZIO SANTARELLI
Partner
Rome
0039 06 68 40 581
SUMMARY
Elvezio Santarelli joined Watson, Farley & Williams in 2005. He specialises in corporate,
project work and real estate with particular emphasis on renewable energy projects in
Italy.
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DAMIAN ADAMS
Partner
Singapore
00 65 6551 9171
SUMMARY
Damian Adams joined Watson, Farley & Williams in 1997 as a trainee solicitor in the
London office, where he qualified in 1999. In 2000, Damian relocated to the firm's
Singapore office, where he became a partner of the firm in 2008. He specialises in a
range of cross-border corporate and commercial transactions including M&A, trade sales,
joint ventures, shareholder arrangements and AIM transactions including IPOs. He also
advises on structured commodity and trade finance transactions, having represented
commodities producers, traders and financiers in relation to product supply, sale and
purchase, storage and collateral management and financing and security arrangements.
Damian's practice focuses on the transport and natural resources sectors.
Partner
Singapore
00 65 6551 9125
SUMMARY
Mei Lin Goh has been with Watson, Farley & Williams since September 1998. She is
based in the Singapore office. Mei specialises in cross-border asset, project and
structured finance transactions. These transactions range from the documentation of “plain
vanilla” syndicated loans to the structuring of complex tax and/or balance sheet driven
transactions. In recent years, Mei has also developed a practice in relation to assisting
foreign clients in the establishment of their business and operations in Singapore in order
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to benefit from tax incentives made available in Singapore to the maritime and offshore
industries. Mei has acted for a variety of lenders, arrangers, lessors, lessees, owners,
operators and borrowers in Europe and Asia in the maritime & logistics, offshore oil & gas
and energy sectors
MEHRAAB NAZIR
Partner
Singapore
SUMMARY
Mehraab Nazir joined Watson, Farley & Williams as a partner in May 2008 and relocated
to Singapore in August 2009. He specializes in asset, project, commodity and structured
finance, with a particular focus on the energy and transportation sectors.
JOSH CLARKE
Partner
Singapore
65-6551-9126
SUMMARY
Josh is a partner in Watson, Farley & Williams’ Singapore office. He specialises in cross-
border finance with broad experience in syndicated and secured bank financings with a
particular focus on leveraged, project, structured trade and export credit agency-backed
financings. Josh is a member of the APLMA Indian loan market subcommittee
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STEVEN BURKILL
Partner
Bangkok
SUMMARY
Steven Burkill joined Watson, Farley & Williams in 1998 and is head of the Bangkok Office
and head of the Asia dispute resolution team. He specialises in international litigation and,
in particular, London and Asia-based arbitrations involving oil and gas, power and large-
scale project disputes. He is also highly experienced in shipping litigation involving
charterparty, bill of lading, commodities and ship sale and purchase disputes. He is cited
in the Asia Legal 500 as a leading practitioner in dispute resolution work.
JOHN IMHOF
Partner
New York
001-212-922-2202
SUMMARY
John Imhof joined Watson, Farley & Williams’ New York office in 2003. He focuses on the
financing and tax-based leasing of large infrastructure assets, including power station,
transmission and distribution assets, and on a broad range of trade finance and banking
transactions.
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Our offices
London Milan
Watson, Farley & Williams LLP Studio Legale Associato a Watson, Farley
15 Appold Street & Williams
London EC2A 2HB Via Santa Radegonda 11
Tel: +44 (0) 20 7814 8000 20121 Milan
Fax: +44 (0) 20 7814 8141/8142 Tel: +39 02 72 17 071
Fax: +39 02 72 17 0720
Paris Piraeus
Watson, Farley & Williams LLP Watson, Farley & Williams
150, avenue des Champs-Elysées Greek Branch
75008 Paris 2nd Floor – Akti Miaouli 89
Tel: +33 (0) 156 88 21 21 & Mavrokordatou 4
Fax: +33 (0) 156 88 21 20 Piraeus 185 38
Tel: +30 21 0455 7300
Fax: +30 21 0459 4004
Hamburg Singapore
Watson, Farley & Williams LLP Watson, Farley & Williams LLP
Am Kaiserkai 69 16 Collyer Quay
20457 Hamburg #12-02 Hitachi Tower
Tel: +49 (0) 40 80 80 344 0 Singapore 049318
Fax: +49 (0) 40 80 80 344 10 Tel: + 65 6 532 5335
Fax: + 65 6 532 5454
Munich Bangkok
Watson, Farley & Williams LLP Watson, Farley & Williams (Thailand)
Kardinal-Faulhaber-Straße 10 Limited
80333 Munich Unit 902, 9th Floor,
GPF Witthayu Tower B
Tel: +49 (89) 237086 0 93/1 Wireless Road
Fax: +49 (89) 237086 222 Patumwan, Bangkok 10330
Tel: + 66 (0)2 665 7800
Fax: + 66 (0)2 665 7888
Rome
Studio Legale Associato a
Watson, Farley & Williams Watson, Farley & Williams Website
Piazza Navona, 49
2nd Floor int 2/3 www.wfw.com
00186 - Rome
Tel: +39 06 68 40 581
Fax: +39 06 68 89 2717
All references to ‘Watson, Farley & Williams’ and ‘the firm’ in this brochure mean Watson, Farley & Williams LLP
and/or its affiliated undertakings. Any reference to a 'partner' means a member of Watson, Farley & Williams
LLP, or a member or partner in an affiliated undertaking, or an employee or consultant with equivalent standing
and qualification.
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