This is the second of ROGERS & CO. ABOGADOS’ commentaries on the new Law of Maritime Navigation 14/2014 that entered into force on the 25th September 2014.
This note focusses on the regulations covering the obligation and liabilities of Port Operators. Whilst the issues are not necessarily new, this is the first time that Spanish law expressly regulates this sector.
Language: English.
You can request a copy at rogers@rogersco.es
ROGERS & CO. ABOGADOS has again drafted the Chapter on Spanish Shipping Law for the 2015 edition of Getting the Deal Through alongside some 35 other international law firms specialized in this sector. The Chapter on Spanish Shipping Law (on-line version) has been updated to incorporate the relevant changes introduced by the new Law of Maritime Navigation 14/2014 that came into force on the 25th September 2014.
You can request a copy at rogers@rogersco.es
The Chapter is distributed with the kind permission of the Law Business Research Ltd. The Chapter was first published in Getting the Deal Through – Shipping 2015 (published in September 2014; contributing editor: Mr. Kevin Cooper, Ince & CO LLP). Getting the Deal Through is a database of law and regulation in 58 practice areas and more than 150 jurisdictions containing concise explanations to the most important legal and regulatory matters that arise in business deals and disputes worldwide. For further information please visit www.gettingthedealthrough.com
ROGERS & CO. ABOGADOS provide short note on the Law of Maritime Navigation 14/2014 highlighting the new provisions relating to a third party’s direct right of action against marine underwriters.
Language: English.
You can request a copy at rogers@rogersco.es
ROGERS & CO. ABOGADOS has successfully opposed the appeal filed by the taxi drivers and other local interests before the Appeal Court of Coruña against the judgment of the 1st Instance Court of Ferrol of the 18th January 2013 (see our newsletter of the 18th January 2013) upholding the application of English Law to the marine insurance policy issued by a Spanish underwriter and as a result, rejecting any right of direct action against marine underwriters and any claim to “penalty” interest pursuant to the Law of Insurance Contracts 50/1980 Article 20.
That said, with the introduction of the Law of Maritime Navigation 14/2014 in September this year, changes have been introduced to try to guarantee a third party’s right of direct action against marine underwriters, however it has yet to be seen what the Spanish Courts will do when faced with a marine insurance policy governed by English law and not Spanish law.
A copy of the Appeal Court of Coruña Judgment (in Spanish) can be requested at rogers@rogersco.es
The Spanish Parliament passes the Law of Maritime Navigation 14/2014 which will come into force as from the 25th September 2014.
This new law is intended to update and regulate all matters relating to shipping law. The new law has no less than 524 articles, some provisions endorsing established concepts and others introducing new rules tailored specifically to Spanish concepts of law and interests.
The new law is a very brave project and will unlikely please all the people all the time, but to the extent that it tries to introduce an element of predictability to Spanish shipping law, then it is a massive step forward for a jurisdiction where judicial decisions can sometimes appear very random.
Over the next few months, ROGERS & CO. ABOGADOS will be circulating short notes commenting on the new law (see Publications).
We are seeing that the Spanish Appeal courts are quite happy to kick out foreign jurisdiction clauses where it cannot be shown that the Assured expressly consented to the choice of jurisdiction – which means that if your policy is not signed by the Assured, then you may well find that you must fight in Spain and that the Spanish court applies Spanish Law.
Language: English.
You can request a copy at rogers@rogersco.es
Following the coach crash in Gran Canarias early March in which 17 Swiss tourists were involved, including one fatality, ROGERS & CO. ABOGADOS has prepared a short note on what foreign tour operators and their insurers should expect in Spain in the aftermath of a serious road traffic accident and/or wherever the police are called to an incident involving a serious personal injury or death.
Language: English.
You can request a copy at rogers@rogersco.es
