AIYON Abogados reinforces the offices in Cadiz and Algeciras

Our law firm reinforces the Cadiz and Algeciras offices as Encarnacion Quevedo joins their team of lawyers.

Encarnacion, with a reputable professional career, will contribute to our team with her excellent work and will reinforce the labour we have been doing in AIYON providing 360º Comprehensive Legal Services to our clients.

On the other hand, we must announce that our colleague, Yon Murua, has decided to begin his new trajectory in the legal department of a prestigious Spanish company and, much to our regret, has left AIYON’s office in Madrid where he has been doing a great job  for the last few years. AIYON wishes him all the best in this new adventure!

Cyber disruption in marine

Yesterday, one of our partners, Verónica Meana, took part in a practical conference organized by AON under the title “CYBER DISRUPTION IN MARINE” which was held in AON’s head office in Torre de Iberdrola in Bilbao. The conference was devoted to learning about and to sharing the risks and consequences that cyberattacks constitute in transportation and industry. 

Verónica had the opportunity to share the discussion panel with Max Bobys, Chris Bhatt and Nannette Wong, and in her presentation tackled administrative and civil responsibilities within transportation and logistics in the context of cyber threat, referring in particular to the maritime transportation sector and its agents. 

AIYON Abogados would like to thank AON for the opportunity we were given to participate in this event, which was greatly insightful in terms of better understanding of the new and future risks that the transportation sector is facing, the ways to deal with them and the insurance options available in the market of hull and machinery, civil liability and P&I insurance. 

THE NEW CODE OF ETHICS

On March 6th 2019, the General Council of the Spanish Bar approved the new Code of Ethics which came into force on May 9th 2019. This Code encompasses a set of principles of conduct that should govern the professional activities of lawyers and derogates the Code which was in force since 2002. These norms amend shortcomings that were detected since 2002 in order to make them applicable to every Autonomous region and in the areas of the Bar Associations. Moreover, these norms constitute the basis and their development and adaptation should be provided by the Autonomous Councils and the Bar Associations.

The new Code of Ethics considers essential values such as: independence, freedom, dignity, integrity, services, professional secrecy, transparency and collegiality.

The independence of a lawyer, with regard to any influence and against personal interests and external pressures, is an essential requirement of the system of the Rule of Law and of the effective defence of the citizens and is therefore established as a right and a duty.

The freedom of defence and to advise clients on freedom basis is protected and the right to freedom of expression is guaranteed without legitimizing insulting and discreditation.

Lawyers’ conduct should feature honesty, probity, rectitude, loyalty, diligence and veracity. This obliges the lawyer to waive any intervention that might result contrary to the mentioned principles or that might involve any conflict of interest with the clients of other lawyers of the firm.

The right and duty of the professional secrecy is established as a crucial rule and includes all secrets and proposals of the client, those of the opponent and colleagues, as well as all the facts and documents they may have knowledge about or may have received due to the professional intervention. The duties of professional secrecy will remain even after the provision of services has ceased.

The new Code of Ethics allows for publicity of the provided professional services as long as it is in accordance with the values that are essential for the profession.

The professional fees will be agreed on free basis between the client and the lawyer who shall inform the client on the approximate amount or on the bases used to determine it. The new Code of Ethics regulates the content of the order forms (“hoja de encargo”). The lawyer has the obligation to verify the identity of the person who is depositing the funds in order to prevent from money laundering. The lawyer will issue a receipt of the funds which shall be refunded and certified by the relevant accountability. Compensation and reverse charge mechanisms are expressly forbidden.

For the first time in the history, the use of information and communication technology is regulated in the new Code of Ethics and enforces to a responsible and diligent use in order to preserve confidence and professional secrecy.

In conclusion, the new Code of Ethics represents an effort to update and adapt the rules that should govern the professional activity of lawyers.

WISTA Spain Annual Meeting – 2019 – “Bilbao in Evolution”

On 26th and 27th of April, WISTA Spain annual meeting was held in the Maritime Museum (Museo Marítimo) in Bilbao and was cosponsored by our firm. The event was organized by the WISTA associates in Bilbao, Marta Prado, the chair of the panel discussion on 26th; Itsaso Ibáñez, Carolina Ibáñez and the partner of our Bilbao office, Zuberoa Elorriaga.

As planned, the event under the title Bilbao in Evolution: New Trends in Shipping and Tradingtook place on Friday. The meeting was divided into three thematic groups, two in the morning with various presentations under the heading “Fishing Industry, Insurance and its Evolution” and “Logistics, Transportation and Supply Chain”; and one in the afternoon consisting of a very interactive panel discussion called “Development and Port Challenges in the XXIst Century”, all this with the participation and the great performance of Dr. Olga Fotinopoulos – Full Professor of Laboru Law and Social Welfare Law at the University of the Basque Country, Mr. Borja Alonso Olano – Director of the Legal and Sustainability Department of Albacora S.A., Mrs. Beate Soia – Account Executive of March JLT, Marine Insurance & Claims, Mrs. Iratxe García Gil – Director of Organization and Corporate Development in IVL/LEE (Basque Institute of Mobility and Sustainability), Mrs. Sonia García Díaz – Managing Director in Dagase, President of Asetravi ( Business Association of Transport of Biscay), Mrs. Nerea García Núñez – Regional Supply Chain Manager in Guardian Glass Automotive – Europe, Mrs. Inmaculada Ugarteche Maturana – Director of UniportBilbao – Port Community, Mrs. Elvira Gallego Uribe – General Manager in CPS Iberian Bilbao Terminal, Mrs. Ana Santiago G-Bretón – CEO in SISTEPLANT and Mrs. Sira Aranguren Lozano – Managing Director in SERGUSA and President of the Official Association of the Customs Agents in Bilbao.

Out of the present authorities it is necessary to stress the support received from Mrs. Arantxa Tapia, Minister for Economic Development and Competitiveness of the Basque Government, who also participated in the event, as well as the attendance of the Director of the Merchant Navy, Mr. Benito Núñez, the Harbour Master of Bilbao Mr. Carlos García, the Harbour Master of Pasaia Mr. Josu Gotzon Bilbao and Mr. Carlos Alzaga of the Bilbao Port Authority, among others.

From AIYON Abogados we would like to congratulate all the organizers and speakers on the excellent work done!

The legal regime of civil liability in the Prestige case

The Faculty of Law of the University of Deusto, within the framework of the Master in Maritime Law, organised yesterday a workshop to analyse the “Prestige case”. It was a special event because took part on it part of the direct protagonists of the procedure. 
 
The workshop was attended by the environmental prosecutor of Galicia, Mr. Álvaro García Ortiz, with a conference titled “Prestige case, spills of hydrocarbons in the criminal jurisdiction”; the Captain and surveyor Mr. Fernando Cayuela who was nominated at the time by the Basque Government to intervene in the technical-judicial actions; the lawyer Luis Figaredo, who could not be present for reasons beyond his control but sent his presentation in writing under the heading “Legal strategy in the PRESTIGE case in the courts of the United States”; and our partner and colleague of Bilbao Mikel Garteiz-goxeaskoa, who developed an interesting talk about the “Legal regime of civil liability in the Prestige case”.
 
From AIYON Abogados we want to thank those responsible for the Master and the University of Deusto for their invitation to take part in this interesting dissertation.

Maritime contracts in Spanish Law

The Spanish Maritime Law Association (AEDM), in cooperation with the University Carlos III and the publisher Dykinson, has recently published a book regarding maritime contracts in Spanish law, “Los contratos sobre el buque en Derecho español. Análisis práctico”. Veronica Meana, of Aiyon Abogados, has contributed to this publication with the chapter related to wreck removal contracts.

The book has been the product of the joint effort of many of the members of the AEDM and includes issues such as the contract for shipbuilding, sale and purchase, demise charter parties, time and voyage charter parties, bills of lading , other contracts for the use of the ship, yacht leasing contracts, passenger contracts, ship management, ship agency, port handling, pilotage, towing, classification, hull and machine and P&I insurance, and mortgagors’ insurance.

AIYON Abogados wish you a Merry Christmas!

IN AIYON WE KNOW THAT EACH CLIENT IS UNIQUE AND DIFFERENT, LIKE SNOWFLAKES. OUR JOB IS TO ACCOMMODATE YOUR NEEDS. THANK YOU FOR THE TRUST PLACED IN US.

MERRY CHRISTMAS

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The “ISSA Istanbul 2018” fair

AIYON Abogados was present at the “ISSA Istanbul 2018” fair (63rd Annual Convention of the International Shipsuppliers & Services Association), which was held between the 23rd and 24th of November and was attended by the partners of the firm Enrique Ortiz-Bastos and Zuberoa Elorriaga .

Our law firm wants to thank the excellent organization of the trip to Istanbul as well as their warm welcome to the Chamber of Commerce of Cadiz. Together with representatives of other Spanish companies Zuberoa and Enrique were able to attend this event of special relevance in the international maritime sector. Within its International Promotion Plan for 2018 the Cadiz Chamber of Commerce, in collaboration with the Provincial Council of Cadiz as well as with the ERDF (European Regional Development Fund), organised this trip which represents an opportunity to promote Spanish companies and improve their reach in countries like Turkey, whose maritime sector is growing.

VI International Fair IMEX Andalusia 2018 on 11th October

José Antonio Domínguez Castro and Enrique Ortiz-Bastos attended the VI International Fair IMEX Andalusia 2018 on 11th October. The fair was organized by the Concejería de Conocimiento, Investigación y Universidad in collaboration with the Trade Promotion Agency of Andalusia – Extenda – and the magazine Moneda Única.

The fair IMEX Andalusia 2018 affirms its position as a fundamental meeting place for export and import companies with delegations from over 51 countries, various Chambers of Commerce as well as private organizations specialized in international trade and logistics such as AIYON Abogados.

We found particularly interesting the talks on the development of e-commerce in Europe with a detailed analysis of our neighbouring countries and the subsequent talk on the always complex customs controls, both delivered by YUSEN Logistics. The conference on multicurrency credit and the exchange risk in international operations organized by Bankinter was also very useful and instructional.

Our law firm would like to thank the organizing entities as well as all the sponsoring companies that supported the organization of this international event for the effort put in, and we hope that the next edition will be equally successful and prolific.

Actions to be taken by the Master in response to a maritime accident

On 8TH November 2018, our colleagues from the south José Domínguez and Enrique Ortiz held a lecture at the University of La Laguna in Santa Cruz de Tenerife on “Actions to be taken by the Master in response to a maritime accident”.

AIYON Abogados want to thank the University of La Laguna and in particular the “Escuela Politécnica Superior de Ingeniería Sección: Náutica, Máquinas y Radioelectrónica Naval” for their invitation and hospitality. We are happy to contribute to the training of the students of Maritime Law and future Masters and Chief Engineers in the handling of incidents covered by marine insurance.

Our colleagues Jose Castro and Enrique Ortiz attended the conference last Thursday, November 8th, and would like to thank the interest shown by the conference participants, numerous university students in their  4th course of the Degree of Nautical and other invited professionals from the sector, and the hospitality with which were welcomed by the teachers of the University.