NEWS & ARTICLES Cruise passenger claims for injuries occurring during disembarkation at the ports of Málaga (Spain) and Havana (Cuba). Jervis Kay QC issued in 2018 two judgments arising from the claims of two passengers against TUI UK (Thomson Cruises). The first judgment (the Jennings case) deals with a claim brought by the claimant that…
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NEWS & ARTICLES Sanctions The latest sanctions imposed on Russia are set out in Council Regulation (EU) 2022/1269 of 21 July 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures against Russian actions destabilising the situation in Ukraine. The following link provides access to all amendments to date to Regulation (EU) No 833/2014. These measures…
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NEWS & ARTICLES All our rights are reserved! This is an often-written sentence which sometimes may lead to confusion. In the recent judgment of Foxton J in “The C-Challenger” before the Commercial Court in London, the learned judge reviewed the position under English law where a party reserves his rights but sometimes such reservation is…
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NEWS & ARTICLES Ref: MV UGLJAN, damage to bulk cargo of soybeans; whether carriers were responsible for the damages suffered by the Argentinian soybeans arrived in Malaga caked, dark, and hardened, or whether the damages were to be attributed to the inherent vice of the goods. The Malaga Commercial Court has recently handed down a…
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NEWS & ARTICLES The Court of Appeal has reversed the judgment of the High Court in The Eternal Bliss and has considered that The Bonde was correctly decided and there is no reason to depart from it. The Court of Appeal for the reasons enumerated at the end of his judgment has held that, absent…
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NEWS & ARTICLES In FIMBank plc v KCH Shipping Co Ltd [2020] EWHC 1765 (Comm), the High Court refuses an application under section 12 of the Arbitration Act 1996 to extend the time bar for commencing arbitration seeking damages for misdelivery of cargo without presentation of bills of lading. The court provides an analysis of…
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NEWS & ARTICLES This is a time charter & guarantee dispute between three Chinese Companies that has been resolved in London. In its resolution the matter has reached the English Supreme Court which recent judgment commences in this unusual way: Allegations that a bribe was paid to procure a contract are by no means unknown…
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NEWS & ARTICLES We have recently studied the judgment of Cockerill J in The Archagelos Gabriel. In this case the learned judge had to deal with an application for an interim antisuit injunction from the alleged Demise Chaterer “Times Navigation” who sought to restrain the Claimant (NBF, a bank) from prosecuting or continuing proceedings that…
DetailsNEWS & ARTICLES The Eternal Bliss Case Abstract With a shipping case named “The Eternal Bliss”, which follows the name of the ship involved in the dispute, the expectations out of the reading of this judgment by Mr. Justice Andrew Baker were very high. These expectations have been matched by a very detailed judgment that…
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NEWS & ARTICLES Orexim Trading Ltd vs Mahavir Port and Terminal Private Ltd. This is a dispute for more than seven million dollars involving facts that emanate both from the shipping and the trading side of the commodity business. This case concerns a shipment of 10.000 Mts of Ukrainian sunflower seed oil traded on FOSFA…
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NEWS & ARTICLES Invoice Fraud Many web pages of international banks will define for you what invoice fraud is. For example Barclays’ bank web site states: What is invoice fraud? Invoice fraud involves a fraudster notifying your company that supplier payment details have changed and providing alternative details in order to defraud you. The fraudster…
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NEWS & ARTICLES Article 1265 of Spanish Civil Code stipulates that “Consent given by error, violence, intimidation or malice shall be null and voidable.” In the following article we will discuss what constitutes ‘intimidation’ and whether it is possible to annul the clause or contract when there is ‘economic intimidation’ -what in Common Law is…
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NEWS & ARTICLES Last 5th December 2018 the English Supreme Court issued a very interesting judgment “Volcafe Ltd and others v. Compania Sud Americana De Vapores SA” about the liability of a sea carrier in respect to a cargo of coffee beans delivered in damaged condition. The application of the Hague Convention to this carriage…
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ARIZON ABOGADOS S.L.P. 21st November 2019 NEWS & ARTICLES CARRIER’S LIABILITY IN CASE OF THEFT IN INTERNATIONAL CARRIAGE CONTRACTS BY ROAD Recent Spanish case law establishes patterns of exoneration of liability to the carriers, in case of theft of goods during the performance of the carriage contract by road, quite restrictive that –in most cases-…
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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…
DetailsThe 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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