International Sales under CIF terms and the Active Legitimation of the Insurers

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In international sales under CIF (Cost, Insurance and Freight) or CFR (Cost and Freight) terms, it is clear that the Buyer bears all risks of damage once the goods are onboard the ship at the port of shipment. However, it is common that the Insurer of the goods compensates the CIF Seller while the goods are damaged during the voyage although, according to the agreed CIF terms, the Seller is not responsible for any risk in the moment of the damage.

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AIYON Abogados attended the “Correspondents’ Conference” organised by the IG P & I Clubs

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Thanks to the IG P&I GROUP for hosting us those days in London.

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World Maritime Day

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The International Maritime Organization (IMO) established the World Maritime Day to give marine ecosystems the role they deserve. “Connecting Ships, Ports and People” has been selected as the World Maritime Day theme for 2017.

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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

Recreational crafts, Competent courts and (non-) limitation of liability

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A recent Supreme Court Judgment dated on the 28th of June 2017 has confirmed previous decisions in matters relating to recreational crafts and civil liability insurance, namely:

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Stevedore Service Regulation eventually settled in Spain

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The Official State Bulletin (BOE) dated May 13th 2017 published the Royal Decree – Law 8/2017 of May 12th which modifies the regulation of workers that provide port cargo handling services and operations, in order to comply with the judgment of the Court of Justice of the European Union of December 11th 2014, in the case C-576/13 (infringement proceeding 2009/4052). After several months of debates and negotiations with the affected sectors and since the expectations of the previous RD-law 4/2017 were not fulfilled (and was revoked on March 16th 2017), this Royal Decree is the second attempt of the Spanish Government to regulate the situation of port cargo handling services and operations.

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The Spanish Courts analyze a “Jurisdiction clause” inserted in a Bill of Lading

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Section 9 of the Court of Appeals of Valencia has issued a new Resolution, dated 17th May 2017, regarding jurisdiction clauses inserted in bills of lading after the entry into force of the Spanish Shipping Act (Law 14/2014 of 24th July). The clause in question established that any dispute arising under the bill of lading should be referred to the jurisdiction of the Hong Kong Tribunals. The Court of Appeals of Valencia, reversing the Mercantile Court’s decision in first instance, rejected the validity of the submission clause based on the fact that it had not been expressly agreed by the receiver.
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New Stevedore Service regulation: revoked

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The Spanish Parliament agreed to revoke the recent Royal Decree – law 4/2017 of February 24th that modifies the regulation of workers that provide port cargo handling services and operations in order to comply with the judgment of the Court of Justice of the European Union of December 11th 2014, in the case C-576/13 (infringement proceedings 2009/4052) published in the Official Gazette of the State No 48 of 25 February 2017, by means of the Resolution of 16th of March, 2017 . Read more

New Stevedore Service regulation

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The Official State Bulletin (BOE) dated February 25th 2017 has published the Royal Decree – law 4/2017 of February 24th that modifies the regulation of workers that provide port cargo handling services and operations in order to comply with the judgment of the Court of Justice of the European Union of December 11th 2014, in the case C-576/13 (infringement proceedings 2009/4052). Except for part 4 of the First Transitory Provision, the aforementioned Royal Decree – law came into force on the day after its publication.
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Submission clauses in maritime transport of goods

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The section 9 of the High Court of Valencia has had the opportunity of examining the validity of the clauses inserted in the Maritime Transport of Goods contracts since the Maritime Navigation Law came into force. (Law 14/2014, dated July 24th). We here refer to decrees n. 1243/2016 and n. 1244/2016, both from July 27th 2016, and to the decree n. 1620/2016 dated November 8th, 2016, of the afore mentioned Court.
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