By a contract dated 4 October 2010 Soufflet agreed to sell 38,000 mt of French feed barley to Fedcominvest on FOB terms. The terms of GAFTA 64 were incorporated. Clause 8 provided that the contractual delivery period should be extended by not more than 21 days “provided that Buyers serve notice claiming extension not later…
DetallesOMV Supply and Trading AG (the “Buyer”) v Kazmunaygaz Trading AG (the “Seller”) In the appeals from two judgments in the Commercial Court, the Court of Appeal was faced with a case that concerned a contract of sale of 1000 m.t. of biodiesel +/- 5% in seller’s option c.i.f. Constanza (Romania). This was the last…
DetallesThis was an appeal from an arbitration award, pursuant to sections 68 and 69 of the Arbitration Act 1996. The case concerned a contract of affreightment (the COA) dated 19 August 2008 by which the “disponent owners of the Glory Wealth to be nominated motorship” bound themselves to carry 6 cargoes of coal in bulk…
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Once concluded the investigatory stage of the criminal proceedings instituted in Spain after the ecological disaster caused by the oil spillage from the M/T “Prestige”, civil claims were brought against the Owners of the vessel and their P&I insurers –the London P&I Club– under Article 177 of the Spanish Penal Code 1995 and the CLC.…
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We are pleased to announce the recommendation issued by Chambers & Partners for Arizon Abogados SLP in Spain for the transport area of practice; maritime law, marine insurance, trade law and admiralty. Individual recommendations have also been given for managing partner Felipe Arizon. This year Arizon’s entry reads as follows: What the team is known…
DetallesThis was an appeal against an arbitration Award. The Sellers sold the ship Union Power under a MOA on the terms of the Norwegian Sale form 1993. Following delivery, the vessel was found to have a severe engine problem, and a dispute arose as to whether the Sellers were liable to the Buyers for such…
DetallesBunge SA vs Nibulon Trading BV [2013] EWHC 3936 (Comm) A dispute arose between Bunge SA (Buyers) and Nibulon Trading BV (Sellers) for default damages arising from non-performance of contract for Ukrainian wheat. The dispute was submitted to Arbitration under the GAFTA nº 125 Arbitration Rules 2006 (hereinafter the 2006 Rules). Buyers served notice of…
DetallesClaimant: KG BOMINFLOT, the fob Buyer. Defendant: PETROPLUS, the fob Seller. Court: QBD – Hamblen J Facts: By a sale contract dated 9 January 2007, Bominflot (Buyer) agreed to buy from Petroplus (Seller) a quantity of gasoil fob Antwerp. The contract contained detailed specifications for the gasoil on delivery, including as to sediment, but not as to…
DetallesLa Coruña Criminal Court of Appeal has recently handed down the judgment in respect to the criminal proceedings followed out of the sinking of The Prestige off the Spanish coasts back in 19 November 2002. In a nutshell the Court of Appeal in its 263 page judgment (click here) has held as follows: Apostolos Ioannis Mangouras, Nikolaos Argyropoulos and…
DetallesSalvamento Marítimo remolca a un velero que sufrió una vía de agua a 32 millas de A Coruña Un tripulante iba a bordo del barco francés cuando dio la voz de alarma. A Coruña 12 de diciembre de 2012 18:52 Salvamento Marítimo remolcó a un velero francés de nombre «Tauanea» que sufrió un problema cuando…
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The Málaga Court of Appeal has confirmed, by a judgment handed down on the 17 January 2013, the High Court ruling of 18 October 2010 where Mapfre Industrial S.A. was held liable under the contract of insurance it had with the claimant, a stevedoring Company. The facts giving rise to this dispute took place by…
DetallesThe Court of Appeal confirms the judgment of Field J. in The Rewa. The case concerned a Norwegian Saleform 1993 contract under which the Buyers refused to take delivery of the bulk carrier ship “Rewa” on the basis the Sellers had breached the sale contract. After the dispute arose, the matter went to arbitration and the…
DetallesFollowing recommendations by English Solicitors, our firm was instructed to represent a top Russian shipowner before the Superior Court of Aragon. After the suit was served to the opponents seeking the recognition of the Award, negotiations ensued and their outcome was that an agreement was reached for settlement of the awarded amounts. The dispute settled…
DetallesAt Arizon Abogados we are very proud to receive instructions every year from London and Scandinavian P&I Clubs to defend their Members’ interests in the Spanish jurisdiction. We are also instructed by American and other Mutuals as well as by shipowners directly, or by their bankers. You can find here a copy of the 2011 review we…
DetallesA New P&I matter in Spain where Arizon Abogados S.L.P has represented the successful appellants before the Courts of Madrid. This is an appeal against the decision of the Dirección General de la Marina Mercante (Spanish Directorate General of Merchant Marine) against a fine imposed to our clients. The matter, an alleged sea contamination, has…
DetallesAfter nearly five years of legal battles, the gold is back in Spain. U.S. Magistrate Mark Pizzo concluded more than two years ago that the treasure rightfully belongs to Spain. Yet the arguments have followed over the last months; The costs of the storage, shipping and handling costs associated with the return of the treasure…
DetallesIn January 2012 we have been notified two favourable judgments on admiralty, P&I matters. The first case, a Port State Control matter, has been decided after more than 9 years of Court and Administrative proceedings by five senior judges of the Superior Court of Madrid; the learned judges have considered that the Spanish Administration had…
DetallesGlobalization has brought matters to become international, and so it is important to consider the restrictive measures affecting International trade. The European Union holds a series of restrictive measures (sanctions) in force adopted in the framework of the Common Foreign and Security Policy. For an updated list of EU sanctions at 18.01.2012 click on the…
DetallesArizon Abogados has consecutively succeeded in the last months on three different Court oppositions regarding the taking of precautionary measures. The last Court decision reported has been that rendered by the permanent Admiralty Court of Madrid which recently rejected the appeal of the alleged salvors. The latter challenged the Cadiz Magistrate’s decision to lift the…
DetallesThe Court of Appeal has confirmed the Commercial Court Judgment on Carboneras’ collision at the cement terminal. The once upon a time cited as the shipping casualty of the 2008-year at Chambers and Partners has come a step closer to its end. The Court of Appeal in a recent judgment of 15 pages has endorsed in full…
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