Force majeure events affecting the traders’ businesses do not excuse failure to perform a sales contract or a charter party, no matter how severe the disruptions caused are. The recent case of Classic Maritime Inc. v Limbungan Makmur SDN BHD & Lion Diversified Holdings BHD reminds us the importance of proving causation in order to…
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The court interpreted the terms of a voyage charter party (“VC”) and two letters of indemnity (“LOI”) to answer whether a claim brought by the disponent owners (“Navig8”) under the letter was defeated by the operation of a time bar clause in the voyage charter party. This was an appeal by a voyage charterer (“Glencore”)…
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El visado de Residencia para Inversores “Golden Visa”. Con la entrada en vigor de la Ley 14/2013, de 27 de septiembre, de apoyo a los emprendedores y su internacionalización se introdujo la posibilidad de obtener el visado de residencia por parte de aquellos extranjeros, sean personas físicas o jurídicas, que realicen determinadas inversiones significativas de capital…
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Ref: Judgment of 5th October 2016 This was an appeal by Messrs. A/P Moller Maersk AS against the judgment issued by the Valencia Commercial Court in respect to a claim for demurrage and other costs incurred by a shipment of containers at the port of destination in Saint Petersburg (Russia) for about 150.000,00 USD. The appellants…
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It is no secret that Spain is a major cargo interest country where insurance recoveries against carriers account for the largest part of the maritime legal practice. The entry into force of the Spanish Shipping Act (SSA) brought some hopes for the cargo interest to stop major shipping lines from successfully obtaining stay of proceedings…
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This was an appeal by trader Glencore against the $100m damages, interest and costs for deceit awarded by Flaux J to the Romanian oil company, Petrom. Flaux held that Glencore was liable for selling counterfeit cargoes of crude oil, inferior and cheaper crudes having been blended to resemble recognised grades of “Iranian Heavy” and “Gulf…
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Arizon Abogados SLP recibe un reconocimiento de Chambers & Partners, los encuestadores independientes bien establecidos de abogados y bufetes de abogados, en su clasificación de 2017. Las clasificaciones consecutivas desde 2009 muestran la diligencia constante de la empresa para defender los intereses de sus clientes. Con un elogio especial para Felipe Arizon y su equipo,…
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Charterers and owners ought to be aware of the court’s view on the meaning of clause 8 of the Inter-Club Agreement (ICA) 1996, which will affect their liabilities under the contract. The Commercial Court has recently issued a decision on an appeal on behalf of the charterer against an Arbitration Award where they were found…
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The Supreme Court has reached its decision, with important considerations regarding the definition of a sale contract and the transfer of property. The final decision has been issued on the appeal by the owners of the vessel against the decision of the arbitrators finding that there was no contract of sale within the statutory definition…
DetallesIn the heart of Jerez city at the first floor of the 1836 family house at 11 Porvera Street (formerly Marqués de Casa Arizon), Arizon Abogados SLP has established its new head offices. With this move, the firm will concentrate on agricultural business, commodity legal advice and international arbitration. Felipe Arizon will be heading these…
DetallesAs author of the Lloyd’s Shipping Law Library Felipe Arizon was invited by Routledge, the world’s leading academic publisher, to attend the launch of the Time and Voyage Charters in London. The event was fantastic and took place on board the HQS Wellington, in London. It provided a unique opportunity to meet the UK and…
DetallesNew Spanish Shipping Act The Spanish Parliament has recently approved a new Shipping Act –Ley 14/2014, de 24 de Julio, de Navegación Marítima–, which will enter into force on the 25th of September 2014. Its 524 sections, divided into 10 titles, cover nearly all aspects of shipping law, either private or public. So far, Spanish maritime…
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AEOLUS team, which included Mr. Christiaan Pierot (Jacq Pierot Jr. & Sons Inc. Ship Brokers), Mr. Sam Pinnington (Polaris), Mr. Lars Anderson (Wärtsilä) and Mr. Felipe Arizon (Arizon Abogados S.L.P.), won the third place of this fantastic and prestigious event of the shipping industry. Above on the podium, left picture, on the right side Mr.…
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This was an appeal from a first instance decision of Mr Justice Blair. Seagrain LLC (The Sellers) agreed to sell to Glencore Grain (The Buyers) a quantity of feed wheat of Ukrainian and Russian origin on C&F free out terms by a contract made on 6 July 2010, which incorporated the terms of GAFTA 48.…
DetallesWhen does a claim for early redelivery must take into account benefits resulting from action to mitigate and avoid loss? This was an appeal against a Commercial Court decision, that reversed an arbitration award holding that an innocent owner claiming compensation for an anticipatory breach of a Charter Party must give credit to the charterer…
DetallesThe present case concerns the validity of a nomination of a substitute vessel made by FOB buyers (Agrifert SA) pursuant to its right under clause 6 (“Period of Delivery”) in GAFTA 49, where the contract of sale provided for an advanced notice of the vessel’s nomination of 10 days and the substitution is communicated after…
DetallesThe new Spanish Shipping Act that will enter into force next 25 of September 2014 has introduced interesting changes into the law of arrest of ships in Spain. The introductory chapter of the Act states that the new Shipping Act regarding the arrest of ships is aimed to ensure that these are effected without the…
DetallesSaipol (claimant) and Inerco (defendant), FOSFA. Saipol claimed Inerco for the contamination of mineral oil found in a cargo of 16.6000 mts of ukranian sunflower seed oil, one of the lots of the so called food crisis of April 2008. The facts of the case were the following: Inerco loaded 3.000 tons for Saipol, from…
DetallesThe English Supreme Court has just given a judgment, 1 July 2015, on this very interesting case. The dispute dates back to August 2010 and in less than 5 years it has gone through five instances; two GAFTA arbitration tribunals and up to the Supreme Court in England. Very complex issues have been dealt with…
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