Mercedes Duch has been a lawyer specializing in maritime law, transport law, and insurance since 1992. She has been a founding partner of San Simón & Duch since 2001. She leads a team that provides legal advice on national and international matters, in all areas of maritime law, transport law, and insurance law, as well as international trade matters. She has a solid network of offices present in major Spanish cities, with its professionals closely associated with prestigious international law firms.
How has San Simón & Duch managed to position itself as an Iberian leader in complex maritime law and international transport litigation?
The history of our firm, San Simón & Duch, is long: it was founded in 2001, and we have been working in this exciting sector for almost 25 years. Our position is nothing more than the fruit and reward of the daily work of its members.
We strongly promote research and facilitate attendance at national and international conferences and congresses. In fact, we are present in the most relevant associations and institutions in the sector, both nationally and internationally: IBA, CMI, AIJA, WISTA, AEDM, IIDM. This presence allows us to actively participate in legislative processes, enabling us to stay abreast of the main trends in the sector.
Hard work, study, and honesty with clients—there are no other strategies for maintaining a solid position as a leading firm in the sector.
What challenges does maritime law face today in the face of the digital transformation of ports and the automation of shipping lines?
We live in a time of great transformations and enormous changes, which leads us to identify a series of challenges.
The first of these would be the legal vacuum regarding automation, for example, the need to continue working on the regulation of civil liability arising from the use of autonomous vessels or their registration and flagging (which determines the applicable legal regime).
The second would be the protection and use of port data, since “smart ports” generate and share real-time data (traffic, cargo, IoT sensors). Disputes arise over ownership, confidentiality, and access to this data, especially if private operators and public authorities from different countries are involved.
As in any sector, cybersecurity must be a primary objective. Currently, cyber protocols are regulated in a very basic way, and we must continue working in this direction through appropriate updates to the ISPS Code and the SOLAS Convention, among others.
The IMO’s work is essential in this regard: the Guidelines on Maritime Cyber Risk Management (although not mandatory) would set the tone for future regulation.
We can’t fail to mention the “green” aspect: digitalization facilitates traceability and environmental monitoring, but it also exposes us to the risk of “greenwashing” if the data isn’t auditable.
We can say that the trend in maritime law is moving toward a hybrid model that combines traditional standards with cross-cutting technological regulation, likely driven by the IMO and bilateral smart port treaties.
What legal innovations are you promoting to address cross-border disputes in multimodal transport?
We have undoubtedly seen a significant strengthening of regional arbitration centers: in recent years, arbitration centers in Latin America and the Caribbean have gained importance, modernizing their regulations to make them suitable for resolving disputes with international elements.
The most notable development (and it’s here to stay) is Online Dispute Resolution (ODR) and digital justice. In Europe, this is based on Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, which will be extended to other sectors.
Virtual arbitration and mediation are already a reality, which poses a significant challenge in terms of obtaining and using evidence.
How does the evolution of global risks impact the practice of insurance law and international claims management?
The evolution of global risks—climate change, cyberthreats, geopolitical disruptions, and pandemics—is profoundly transforming both the practice of insurance law and international claims management.
There has been an expansion and complexity of insurable risks, such as extreme weather risks (increased claims for damage to critical infrastructure, ports, ships, and cargo due to hurricanes, torrential rains, or prolonged droughts), or the cyberattacks we’ve already mentioned.
But perhaps the situations that have had the greatest impact in recent months have been those arising from supply chain disruptions: conflicts such as the Red Sea conflict or blockages in the Panama Canal are generating massive claims under “contingent business interruption” policies.
Also noteworthy is the increased frequency of cross-border litigation: international claims are no longer limited to physical damage, but include losses due to government restrictions, international sanctions, and acts of terrorism.
Determining the applicable law and the competent forum is more complex, which is why international insurance arbitration is gaining ground compared to national courts due to its specialization and neutrality.
We must also highlight that international regulatory compliance is particularly important in the insurance sector, as it influences both the content of the insurance contract and its coverage, as well as the level of premiums.
Prevention at this point is essential.
What opportunities does the digitalization of trade and logistics represent for maritime and insurance regulatory frameworks in Latin America?
The digitalization of trade and logistics is creating fertile ground for modernizing maritime and insurance regulatory frameworks in Latin America, offering opportunities for efficiency, transparency, and international competitiveness.
The trend toward regulatory harmonization is essential. The implementation of common digital standards is also particularly important: implementing electronic platforms for bills of lading (eB/L) and customs documentation, aligned with rules such as those of the CMI and UNCITRAL, is a key challenge today that requires a specific regulatory framework.
The UNCITRAL Model Law on Electronic Transferable Records (MLETR) is being used as a starting point for national legislation, and the CMI is working intensively on the Rules for Electronic Bills of Lading. These legislative projects seek to recognize the legal effects of electronic instruments and smart contracts related to transport and insurance.
Also noteworthy is the strengthening of resilience to global risks, the use of big data to model region-specific climate and cyber risks, and the need for regulatory frameworks that incentivize the use of data for contingency plans and regional protocols for logistical disruptions.
Maritime and port sector stakeholders have long been demanding flexible public-private cooperation: one-stop maritime and logistics platforms that connect customs, port authorities, insurance companies, and shipping companies are essential.
How do international treaties and local legislation impact San Simón & Duch’s daily practice within Latin American maritime law?
As we have indicated, San Simón & Duch makes a special effort to be involved in national and international regulatory development. Daily practice requires the study and analysis of legislation and legislative projects.
We live in exciting times in maritime law, which is moving at a rapid pace, requiring a presence in national and international forums.
For example, the United Nations Convention on the International Effects of Judicial Sales of Ships (New York, 2022) (the Beijing Convention on the Judicial Sale of Ships, in whose drafting CMI played a key role) will provide a secure framework for the judicial sale of ships, regardless of the jurisdiction in which the sale is carried out.
We must also pay close attention to changes to MARPOL and other conventions regarding environmental regulations and fuel use requirements, not to mention the European Union Emissions Trading System (EU-ETS), a key pillar of the European Union’s climate and environmental policy.
What legal challenges do shipping companies and logistics operators currently face in Latin America?
Very important, since we are in a time of enormous changes.
It is essential to eliminate fragmented regulations and cross-border bureaucracy. Legislation must aim to harmonize and provide greater legal certainty.
As we’ve highlighted, cybersecurity in ports and fleets is a key issue: the maritime sector is increasingly digital, and with it arises new legal risks.
Aspects such as sanctions, blockades, tariffs, and so on have a fundamental impact on the day-to-day operation of global trade: the challenge for legislators lies in providing legal certainty in the face of a rapidly changing environment.
Three pillars are gaining particular importance: sustainability, respect for seafarers’ rights, and due diligence. Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence sets out rules on the obligations of large companies with regard to the actual and potential adverse effects on human rights and the environment of their own operations, the operations of their subsidiaries, and the operations of their business partners. It also establishes rules on sanctions and civil liability for failure to comply with these obligations.
The Directive will help the EU transition to a more climate-neutral and green economy, as outlined in the European Green Deal and the United Nations Sustainable Development Goals.
This Directive applies to large EU companies and to non-EU companies operating within the EU, so its impact is and will be very significant.
I insist that we are facing a truly exciting maritime-port situation, and the challenge is to achieve flexible and secure legislation that enables stakeholders to operate safely.
