Classic Maritime Inc. v Limbungan Makmur; New decision regarding the application of “force majeure” clauses
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…
DetailsGlencore -v- Navig8 [2018] EWCA Civ 1901. Considerations about the independent nature of the Letters of Indemnity.
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”)…
DetailsGolden Visa
The Investors Residence Visa “Golden Visa” With the entry into force of Law 14/2013, of September 27, of support for entrepreneurs and their internationalization, the possibility of obtaining a residence visa was introduced by foreigners, whether natural or legal persons, who perform certain significant capital investments in Spain, also known as the “Golden Visa”. In…
Details
Maersk’s claim against forwarder for demurrage denied by Valencia Court of Appeal
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…
Details
Mediterranean Shipping Company confirms in Valencia the strength of bill of lading jurisdiction clauses
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…
Details
Interesting judgment for damages on deceit, OMV PETROM SA v GLENCORE INTERNATIONAL AG
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…
Details
Ranked in Chambers Europe 2017
Arizon Abogados SLP receives a nod from Chambers & Partners, the well-established independent surveyors of lawyers and law firms, in their 2017 rankings. Consecutive rankings since 2009 shows the firm’s consistent diligence to defend its clients’ interests. With special praise for Felipe Arizon and his team, “Felipe Arizon is described by peers as a ‘hard worker…
Details
New High Court ruling on the meaning of NYPE charterparty terms
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…
Details
The “OW bunker” judgment at the Supreme Court
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…
Details