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…
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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…
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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…
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