A Jurisdiction Clause agreed between an Insurer of Civil Liability and a Policy Holder does not bind third parties

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The Judgment of the Court of Justice of the European Union in matter C-368/16, dated on the 13th of July of 2017, referred to the court for a preliminary ruling on the following question: can an injured party that has a direct action against the insurer of liability of the party that caused the damage bring an action against the insurer in the place where the harmful event occurred or is the injured party bound by the jurisdiction clause agreed between the insurer and the policy holder? Read more

AIYON Abogados attended the European Air Law Association (EALA) Seminar

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AIYON Abogados attended the European Air Law Association (EALA) 11th Munich Liability Seminar through our colleagues Julia Garcia and Enrique Ortiz.
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MLC – requirements of financial security

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In April 2014 the International Labour Organization (ILO) approved several amendments to the Maritime Labour Convention (MLC), a Convention that became effective in August 2013. These amendments became effective on January 18th 2017.

Thereafter and in accordance with the Convention, ships shall be provided with certificates or other documents that establish the existence of financial security or compulsory Read more

We have stowaways on board

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One of the major problems shipowners might face is the presence of stowaways on board of their vessel. And what we mean by problem it is not only economy and security-wise but also, and above all, in terms of “human factor” involved in this situation.

On the one hand, we have the Master and the crew who are being affected by the sudden intrusion of one or several strangers in their work place and the place of their communal living and who, additionally, become fully responsible for the stowaways’ life situation. Read more

Recreational Crafts, relevant judgment of the Spanish Supreme Court

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Following a request from Clients, we hereby summarize the issues that we consider most relevant of the judgment issued by the Spanish Supreme Court num. 241/2015 dated 6th May and that affect recreational crafts.
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Elements to be analyzed in cargo theft

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Among the different analyzed factors, a key element is to choose an adequate and safe resting area. And this is because the rest time during the carriage implies leaving the truck and the cargo unattended directly by the carrier. Consequently, the insurance companies and jurisprudence analyze the following basic points in order to determine whether the effective carrier took the necessary measures to prevent and avert any theft or robbery, taking into consideration the chosen resting area: Read more

Carrier’s liability in cargo theft

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Although unwanted, it is an every-day fact to receive news from carriers who suffered theft or robbery while having the truck fully loaded with goods and in transit according to the agreed contract of carriage.   In fact, there are geographical areas which are particularly problematic in this regard on both levels, national and international. The liability system for road carriers is the same in international carriage (CMR Convention, arts. 17-29) as in national carriage in Spain (Law 15/2009 from 9th of November – LCT, arts. 46-63). The carrier is not only accountable for damages or late delivery of the entrusted cargo but also for losses caused by a robbery or any other reason. Read more

Julia García has attended the 6th Air Finance Legal Seminar

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Aiyon Abogados’ partner Julia García has attended the 6th Air Finance Legal Seminar held by The European Air Law Association on 3rd June 2016 in Copenhagen. Read more

Late payment of insurance claims against P&I clubs under Spanish law

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The ambiguity of the Spanish Shipping Act, which entered into force on 25th September 2014, with regards to the direct action against P&I’s will surely open the door to many third party claims before the Spanish courts. It is unclear whether such actions will prevail or not. If the Spanish courts accept the existence of a direct action, P&I’s in such proceedings may allege the application of English law to their marine insurance contracts as maritime transport is considered a large risk where the choice of law prevails. This will require proof of the contents of such law. Lack or insufficient proof of English law could result inevitably in the application of Spanish law. Read more