Nieuws Published at 6 April 2020

HHM Virtual round table legal matters in Energy & Maritime

On 2 April HHM Energy & Maritime hosted its first virtual round table with the topic Legal Matters in Energy & Maritime. 

On 2 April HHM hosted another virtual round table. This time the central topic was Legal Matters in the Energy & Maritime sector. Mr. Juan Ibáñez and Mr. Manuel García from Ibáñez Parkman S.C. law firm were invited to speak. Mr. Thomas Berbée was the moderator during the online meeting. Among the participants were representatives of several companies active in the Energy & Maritime sector such as Van Oord, Naviera Integral, EMAR Offshore Services and Vopak Mexico. 

 

Mr. Juan Ibañez started his presentation explaining from a law perspective the type of situation companies find themselves in during the COVID-19 crisis. Ibáñez explained that according to Article 4 of the Mexican Constitution, the right to health is a fundamental human right. Therefore, COVID-19 is a prioritized issue and is perceived as a sanitary emergency caused by force majeure.  In case of force majeure, a party is unable to perform its contractual obligations due to circumstances that could not have been foreseen nor can be controlled. The current COVID-19 crisis is such a case. Therefore, Ibáñez advises companies to analyze their contracts, look for the clauses that describe force majeure, and this way know what your rights and duties are. In case that one party is not applying the clauses the right way, one should give notice of this and provide proof. In the case of PEMEX contracts, most agreements include clauses and establish specific situations that can be considered as force majeure, including quarantines and epidemics. If a contract can be nulled based on an act of force majeure varies per case and requires thorough analyses of the contract as well as a detailed assessment of the applied jurisdiction.

 

Mr. Manuel García spoke about the impact of COVID-19 on employment in the medium term and highlighted that under Mexican law measures regarding health safety of workers were taken to mitigate the spread of the COVID-19 virus. Measures taken in Mexico so far included the suspension of non-essential activities and gatherings of large groups of people, as well as addtional sanitary rules.

 

Team HHM wants to thank all participants. A special thank you to Mr. Juan Ibañez and Mr. Manuel Garcia for joining the round table and sharing their knowledge. Holland House Mexico will host more virtual round tables and webinars.

 

The next webinar will be on 8 April 2020, 9:00 hrs (GMT-6). The topic will be: Lessons learned from China: The global impact of COVID-19 on supply chain management. To register send an email to events@hollandhousemexico.com