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…
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Glencore -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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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…
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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…
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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…
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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…
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Arizon Abogados SLP’s new offices in Jerez
In 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…
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2014 Launch of Time and Voyage Charters in London
As 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…
DetailsNew Shipping Law Act in Spain
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 law was mainly contained…
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2014 AEOLUS wins at Posidonia Golf Tournament
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 picture, on the podium, on the right side Mr. Sam…
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Seagrain LLC v Glencore Grain BV
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.…
DetailsFulton Shipping INC v Globalia Business Travel S.A.E. “The New Flamenco”
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 in respect of his gains in capital value, by selling the vessel for a substantially superior amount at the moment…
DetailsRambers Inc v Agrifert SA
The 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…
Details2014 Spanish Shipping Law Act: New (and better) ship arrest rules in Spain
The 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…
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