Amya Abogados has successfully obtained the first Decision of the Court of Appeal which solved an arrest procedure of a foreign flag vessel on the basis of the Geneva Convention of 1999. This decision analyses the capacity of the vessel to be arrested reflected in the Article 3 of the aforementioned Convention with regard to the lifting of the corporate veil in the commercial companies. This is, in fact, a controversial issue in which we have defended successfully the theory of the lifting of the corporate veil getting the vessel arrested during the opposition trial. The resolution of the Commercial Court Nº1 was finally ratified by the Court of Appeal although with the dissenting vote of one Judge. Find enclosed the resolution of the Commercial Court Nº 1 and the resolution of the Court of Appeal, which should be subject of discussion and study by our Courts and doctrine.
See first instance resolution [here]
See appeal resolution [here]