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