Julio 2022 · Ley aplicable a las reclamaciones por daños propios contra las aseguradoras de embarcaciones deportivas o de recreo. Los Tribunales ante el artículo 406 de la Ley 14/2014, de Navegación Marítima

EL PROBLEMA Los tribunales españoles están ofreciendo respuestas contradictorias a la cuestión de cuál es la ley aplicable a las disputas contractuales entre asegurador y asegurado derivadas de siniestros de embarcaciones deportivas o de recreo, puesto que unos aplican para resolverlas la Ley 50/1980, de Contrato de Seguro (LCS) y otros la Ley 14/2014, de Navegación Marítima (LNM). Esta […]

July 2022 · What is the law governing disputes arising under insurance policies for pleasure boats?

A contentious issue: what is the law governing disputes arising under insurance policies for pleasure boats? Differentiation between property damage insurance (voluntary) and third-party liability insurance (compulsory). The Spanish Supreme Court[1] recently granted leave to appeal (cassation appeal) against a judgment by the Pontevedra Appeal Court[2] setting out that the applicable law to contracts of insurance for recreational […]

June 2022 · The war in Ukraine and its effect on maritime trade

This past June 28th, the United Nations Conference on Trade and Development (UNCTAD) released a report on the disruptions caused by the war in Ukraine and its effects on maritime trade.  Based on the report, the following conclusions may be drawn: 1. Shipping costs are rising  While acknowledging that it is impossible to single out […]

May 2022 · Abusive demurrage charges during the Covid-19 pandemic

In a voyage charterparty the shipowner undertakes the transportation of goods to the port(s) specified in the charterparty. In exchange, he will be paid freight which includes costs (fuel, crew, and profit). An agreed time, called laytime, will be provided for the loading and discharging of cargo, but if the operations exceed the permitted laytime, the shipowner will […]

April 2022 · The Legal 500 recognizes PEREZ ALBORS & CO as leading shipping firm

International Directory The Legal 500 has again recognized PEREZ ALBORS & CO as a leading Shipping law firm in their 2022 rankings: "Major shipowners, insurers, P&I clubs and logistics companies seek PEREZ ALBORS & CO's advice on a diverse range of matters. These include cargo claims, ship arrests, bill of lading disputes, vessel sale and […]

March 2022 · Chambers and Partners 2022 ranks Carlos Perez as leading shipping lawyer

One more year our Managing Partner has been ranked as a leading shipping lawyer in Spain. According to CHAMBERS AND PARTNERS:  "Carlos Pérez of PEREZ ALBORS & CO is well versed in handling contentious and non-contentious shipping mandates, ranging from ship building contracts and vessel sales to P&I and cargo claims. He also assists with collision […]

March 2022 · Update on Road Transport Law in Spain

Update on Road Transport Law in Spain.  National Strike after the passing of Royal Decree-law 3/2022 On 25th March, the Spanish government reached an agreement with Spain´s National Road Transportation Committee (CNTC) to end a lorry strike over high fuel prices, which has dramatically disrupted the supply chain, leading to food shortages in supermarkets, and has […]

February 2022 · Spanish case law in line with “CMA CGM LIBRA" case

Recent Court decisions in Spain and in the UK have clarified the meaning and extent of seaworthiness. The judgment issued by the UK Supreme Court in the "CMA CGM LIBRA" case, on 10 November 2021, confirmed that a defective passage plan will render a vessel unseaworthy[1]. The court found that the vessel´s defective passage plan […]

January 2022 · PEREZ ALBORS & CO strengthens Litigation Team with new associate

We are pleased to welcome Juan Montenegro as an associate to our firm. Juan is an experienced litigator who will strengthen our existing capabilities and will work closely with our Shipping and Insurance Departments.  According to Carlos Perez, PEREZ ALBORS & CO's Managing Partner: “We are really pleased that Juan has joined us. Thanks to his wealth of experience, […]