Shipping Offshore Update November 2015
English Commercial Court remains a strong choice despite introduction of new fees
The cost of commencing proceedings in the English Commercial Court has recently increased. Despite of this, there are still real advantages of having the Commercial Court as forum for commercial disputes.
FORCE MAJEURE – a comparison of the English and the Norwegian approach
Force majeure refers to exceptional events which prevent or hinder the performance of an obligation. Generally, these are events beyond the parties’ control, which could not have been foreseen at the time the contract was entered into, and which could not have been prevented by the affected party. In this article we will look at force majeure clauses and the legal position under English and Norwegian law.
Inconsistent contractual provisions and erroneous industry standards – who is to blame?
A recent English case MT Højgaard A/S v E.ON Climate and Renewables UK ( EWCA Civ 407) has highlighted the significant risk contractors can be exposed to when taking on complex offshore construction projects under contracts containing inconsistent provisions.
NTK MOD 2015 – what is new and will it be used?
After three years of negotiations, the Norwegian Oil and Gas Association and the Federation of Norwegian Industries have agreed on a new revision to the Norwegian Total Contract for modification work. A primary objective has been to produce a standard which will be used more widely by the industry.
LIENING CARGO – which lien clause applies to the bill of lading?
In a dry bulk market where some charterers are not paying freight or hire, their counterparties are often left to consider if they can lien the cargo on board the chartered vessel to obtain payment voluntarily, or by court sale if necessary.
WELL BOAT CHARTERPARTIES – liability for cargo damage
As the Norwegian fish farming industry continues to grow, so does the demand for well boats. These sophisticated vessels transport fish, but also undertake complex tasks such as delousing and sorting fish. Damage to or loss of the fish handled by these vessels can result in substantial losses. Therefore, owners and charterers of well boats are advised to regulate the risks associated with such services in their charterparties.
The Hague Convention on Choice of Court Agreements 2005
A global enforcement regime for judgments handed down under exclusive choice of court agreements
New opportunities in Iran following sanctions relief
Following the Joint Comprehensive Plan of Action (JCPOA) signed in Vienna on 14 July, Iran might be able to resume supplying oil to western markets. This will add even more pressure to an already depressed oil price, but perhaps also open up new opportunities.
THE OW BUNKER BANKRUPTCY – bunker supply contract is not a contract for the sale of goods
The shipowners’ bid to avoid the risk of having to pay twice for bunkers supplied has been thwarted by the English High Court which held that a contract for the supply of bunkers is not a sale contract falling within the English Sale of Goods Act. (PST Energy 7 Shipping LLC v OW Bunker Malta Ltd  (“Res Cogitans”) EWHC 2022 (Comm))