NEWS & 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”)…
DetailsThe 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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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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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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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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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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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 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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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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