SPAIN Law and Practice Contributed by: Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Mikel Garteiz-goxeaskoa, Aiyon Abogados
preservation of an abandoned ship and main - tenance of its crew; • any agreement relating to the use or hire of the ship, whether contained in a charterparty or otherwise; • any agreement relating to the carriage of goods or passengers on board the ship, whether contained in a charterparty or other - wise; • loss of or damage to or in connection with goods (including luggage) carried on board the ship; • general average; • towage; • pilotage; • goods, materials, provisions, bunkers, equipment (including containers) supplied or services rendered to the ship for its operation, management, preservation or maintenance; • construction, reconstruction, repair, convert - ing or equipping of the ship; • port, canal, dock, harbour and other water - way dues and charges; • wages and other sums due to the Master, officers and other members of the ship’s complement in respect of their employment on the ship, including costs of repatriation and social insurance contributions payable on their behalf; • disbursements incurred on behalf of the ship or its owners; • insurance premiums (including mutual insur - ance calls) in respect of the ship, payable by or on behalf of the ship-owner or demise charterer; • any commissions, brokerages or agency fees payable in respect of the ship by or on behalf of the ship-owner or demise charterer; • any dispute as to ownership or possession of the ship; • any dispute between co-owners of the ship as to the employment or earnings of the ship;
• a mortgage or a “ hypothèque ” or a charge of the same nature on the ship; and • any dispute arising out of a contract for the sale of the ship. Accordingly, liabilities resulting from contracts for chartering a vessel provide grounds for a maritime claim. 4.3 Liability in Personam for Owners or Demise Charterers In order to arrest a vessel under Spanish law, it is necessary that its owners or demise charterers have in personam liability for the maritime claim. Exceptions to this principle are maritime liens. When a claim is a maritime lien, the claimant may arrest the offending vessel, even if its owner or demise charterer is not liable in personam for the claim. 4.4 Unpaid Bunkers Bunker supply to a vessel is considered a mari - time claim and the bunker supplier (contractu - al or actual supplier) can arrest the vessel for unpaid bunkers by virtue of Article 1(1)(l) of the 1999 Arrest Convention, provided that these bunkers were purchased by the ship-owner or by the demise charterer. Bunkers ordered by a charterer would not ena - ble the claimant to arrest the vessel following Article 3(3) of the 1999 Arrest Convention, as a claim for unpaid bunkers is not considered a lien and does not create an in rem action against the vessel. However, in cases in which the terms and conditions of the actual supplier establish a direct action against the ship-owner or demise charterer and these terms and conditions have been accepted by the Master by signing the “bunker receipt”, Spanish courts have agreed to arrest the vessel. Without the acceptance of the Master which would be binding on the owner,
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