The Spanish Maritime Law Association celebrated its Annual Congress in Madrid on June 14 and 15. The President of BIMCO, Mr. Anastasios V. Papagiannopoulos opened the Congress by giving an interesting lecture on the current work and functions of BIMCO. It was followed by three lectures that were dedicated to the praise of Professors Olivencia, Berlingieri and Menéndez, jurists of great importance and who have left important legacies in Maritime Law. Moreover, technical issues such as the new developments in maritime contracting, unmanned vessels, the draft Convention on judicial sale of ships and the new regulation of the ship´s agent were addressed in the Congress. The students of the Law School of the Universidad Carlos III also made a presentation of a case that will take them to an international competition this year. To conclude, the Congress was closed by our partner, Eduardo Albors in his capacity as President of the Spanish Maritime Law Association.
Javier Portales has participated as a speaker in a round table on "Legal solutions to the new challenges of Maritime Law" in the VII International Congress on Transport: Transport as an Engine of Socioeconomic Development, organised by the University Institute of Transport Law, Universidad Jaime I, and held in Benicàssim, Castellón, on 13, 14 and 15 June 2018. Javier Portales' speech was on "The legal challenge of autonomous vessels".
The Port Authority of Baleares has issued an Order pursuant to a Resolution of 5 March 2018 which limits certain “noise” activities on board yachts and cruise ships berthed in ports of the Islands. Pursuant to this Order, the playing of music or generation of noise on board yachts or cruise ships is prohibited from 00:00 to 09:00. The Spanish Noise Act (37/2003 of 17 November) defines noise or environmental noise as the presence of any sound or vibration, which origins or implies, inconvenience, risk or damage to persons in exercising their activities or for goods of any nature, or that cause significant effect in the environment. The Port Authority can, in exceptional circumstances, issue exemptions for extraordinary events. The applicable sanctioning regime envisages fines of up to 60.000 Euros of which the owner, master or even the ship’s agent might be jointly and severally liable.
LEGAL 500 recognises the Firm for yet another year as the only top tier Firm in its EMEA TOP TIER 2018 ranking for Transport law (shipping) and is a leading firm in Insurance law. Eduardo Albors, Javier Portales and Javier Galiano are recognised as leading individuals. In addition, Eduardo Albors has entered the Hall of Fame of LEGAL 500. The Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence and highlights, to clients, the law firm partners who are at the pinnacle of the profession. Recognised as a leading firm since 1999, the firm has been able to constantly adapt to the fast-changing environment of the profession with great results.
The Spanish Maritime Cluster held a new panel discussion under the title "Ship finance"on 21th of March. Eduardo Albors analysed the consequences of the absence of a uniform regulation on "the judicial sale of vessels and their recognition", and explained the problems that players in ship finance transactions face when enforcing their mortgages and seeking their recognition in third countries. Whilst within the framework of the European Union Regulations the problem can be considered solved, this is not the case in the broader international context, and especially in Asian countries, where most of the judicial sale of vessels take place. In this context, the CMI is working on an International Convention on the judicial sale of ships and their recognition, the text of which was approved at its Hamburg Assembly in 2014. The Draft is being promoted in search for support in the different States, with the aim to convince UNCITRAL (United Nations Commission on International Trade Law) of the need for its approval in a Diplomatic Conference.
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