Aiyon Abogados in the ‘Forum for the development of logistic infrastructure, growth and employment in Andalusia’

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foro-desarrollo-infraestructura-andalucia-transporteOn June 2, 2016, the Andalusian Council of Chambers of Commerce held the ‘Forum for the development of logistic infrastructure, growth and employment in Andalusia’ in Antequera (Malaga/Spain). The main companies of the Andalusian transport sector and our colleagues of AIYON ABOGADOS SLP, Enrique Ortiz and Jose Dominguez, experts in the areas of Shipping Law, Transport Law, International Trade Law and Insurance Law, attended the event.

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2 alternatives to weight the containers before shipping

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Under the SOLAS amendments, which enters into force next 1 of July, a container packed with packages and cargo items should not be loaded onto a ship to which the SOLAS Regulations apply unless the master or his representative and the terminal representative have obtained, in advance of vessel loading, the verified actual gross mass of the container. Read more

What happens when the manufacturer has not provided the containers weight?

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Situations may occur where a packed container is delivered to a port terminal facility without the shipper having provided the required verified gross mass of the container. Such a container should not be loaded onto the ship until its gross mass has been obtained.

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Declaring accurate container weights, effective on july 1, 2016

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According to certain publications, the proportion of global container trade that is wrongly declared could be as high as 20%. Everyone involved in the maritime container shipping industry understands that declaring accurate container weights.

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Aiyon Abogados assisted Russian shipowners on the purchase of a  bulk carrier at the public auction organized by a Port Authority in Spain.

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Aiyon Abogados assisted Russian shipowners on the purchase of a  bulk carrier at the public auction organized by a Port Authority in Spain. The ship had been arrested by several creditors and the sale was carried out by the Port Authority by delegation of the relevant Court.

Aiyon assisted a Russian shipowner interested in the ship to prepare their bid, ensuring that they complied with all the special requirements demanded to foreign bidders. Read more

The Legal Bar Association of Madrid constitutes a new section dedicated to Shipping and Transport Law

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By agreement of its Board of Directors dated 21 January 2016, the Legal Bar Association of Madrid constitutes a new Section dedicated to Shipping and Transport law.

The purpose of this Section is to assist all the sectors that are related to maritime and combined transportation, supporting the education of the professionals that act in these areas. This Section also aims to contribute to the dissemination of Shipping and Transport law and to reinforce the links with the courts as well as exploring the possibility of setting up a specialized arbitration body. Finally, it is another objective of the Section to be present in the making of the laws that affect the sector.

Aiyon Abogados has joined this Section and we hope it will accomplish its mission.

Aiyon Abogados advises Spanish shipowners on a shipbuilding contract based on the Norwegian Standard Form Shipbuilding Contract.

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The vessel is already being built in Turkey. Aiyon advised the shipowner on the drafting of the contract and assisted them on the complex negotiations with the shipyard on issues affecting contractual clauses as well as the drafting of the refund guarantees and performance bonds to be tendered by the shipyard.

Aiyon also advised the shipowners on the opening of the documentary credit  for the payment of each instalment.

Ship arrest and the Spanish Shipping Act of 2014

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Right before the Spanish Shipping Act of 2014, the procedural aspects of ship arrest were regulated by the Spanish Code of Civil Procedure and in particular by its 26th Final Provision.

Whilst overall respecting the previous regulation of ship arrest, Articles 470 to 479 of the new Spanish Shipping Act introduce some minor changes that facilitate the arrest and provide more legal certainty. These changes are basically four: 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