Shipping Offshore

  • Shipping Offshore

    2021

    Read our Shipping Offshore Update December 2021

    In this Shipping Offshore Update we seek to address the legal developments relating to the shipping and offshore markets

  • Renewable energy and infrastructure

    2021

    Read our Offshore Wind Update November 2021

    In this newsletter we focus on the regulatory backdrop which is essential for the deployment of commercial offshore wind projects in Norway, as well as within the EU. We also address practical and legal issues in ­relation to financing and profitability as well as technology and supply chain development. We have included articles regarding offshore wind development in jurisdictions outside of Norway and the EU as well.

  • Shipping Offshore

    2021

    Read our Shipping Offshore Update June 2021

    In this Shipping Offshore Update we seek to address the legal developments relating to the shipping and offshore markets

  • Shipping Offshore

    2020

    Read our Shipping Offshore Update December 2020

    In this Shipping Offshore Update we seek to address the legal developments relating to the shipping and offshore markets

  • 2020

    Read our Shipping Offshore Update June 2020

  • Shipping Offshore

    2019

    Read our Shipping Offshore Update December 2019

  • Shipping Offshore

    2019

    Read our Shipping Offshore Update June 2019 Nor-Shipping

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update December 2018

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update June 2018

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update December 2017

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update Nor-Shipping May 2017

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update Nor-Shipping December 2017

  • Shipping Offshore

    2016

    Read our Shipping Offshore Update June 2016

  • Shipping Offshore

    2015

    Read our Shipping Offshore Update November 2015

  • Shipping Offshore

    2021

    Read our Shipping Offshore Update December 2021

    In this Shipping Offshore Update we seek to address the legal developments relating to the shipping and offshore markets

  • Shipping Offshore, Capital Markets

    2021

    Shipping Boom on the Norwegian stock market

    After a period of strong headwinds, the shipping industry sets course for historic annual results. High demand for goods combined with a lack of supply and a lean world fleet has driven freight rates and shipping shares through the roof.

  • Shipping Offshore, Ocean Industries, Environmental law, Sustainability

    2021

    Decarbonisation in shipping – the EU proposals

    On 14 July 2021 the European Commission published its “Fit for 55” package setting out various legislative proposals to enable the EU to reach its objective to reduce emissions by at least 55% by 2030 (as compared to 1990 levels).

  • Shipping Offshore, Ocean Industries, Sustainability, Environmental law

    2021

    The EU ETS expands to shipping

    One of the most talked about and controversial aspects of the EU’s proposed “Fit for 55” package is the European Commission’s proposal for a revised Emissions Trading System (EU ETS). This article examines the proposal and details its potential impact on the shipping industry.

  • Shipping Offshore, Ocean Industries, Sustainability, Environmental law

    2021

    Key aspects of FuelEU Maritime proposal

    On 14 June 2021, the European Commission presented a package of proposals aimed at ensuring that the European Union achieves its goal of cutting greenhouse gas emissions by at least 55% by 2030. The proposals include, amongst other things, the new FuelEU Maritime initiative, specifically aimed at the shipping industry.

  • Shipping Offshore, Environmental law

    2021

    The right to claim deprivation interest in pollution incidents in Norway

    Norwegian authorities normally respond to an oil spill or other type of pollution along the Norwegian coast by initiating a state-led operation, often involving significant costs. A recent amendment to the Norwegian Pollution Act has created a statutory legal basis for the authorities, when claiming reimbursement from the owners, to include a claim for so-called deprivation interest as from the time the relevant costs were incurred.

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2021

    Limitation of liability for collisions claims in respect of wreck removal expenses

    A recent decision in the Norwegian proceedings relating to the collision between the Norwegian navy frigate “Helge Ingstad” and the oil tanker “Sola TS” saw Hordaland District Court weigh in on a question that has been the subject of international debate for some time. The court held that the Norwegian state’s indemnity claim against the owners of the “TS Sola” in respect of the costs of the removal of the wreck of the “Helge Ingstad” is subject to the limitation amount for claims in respect of property damage and not the separate and higher limitation amount for claims in respect of clean-up and wreck removal.

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2021

    Are lawyers’ notes from crew interviews legally privileged?

    In another recent decision in the Norwegian proceedings relating to the collision between the Norwegian navy frigate “Helge Ingstad” and the oil tanker “Sola TS”, the Gulating Court of Appeal has held (LG-2021-115658) that notes taken by lawyers from crew interviews were legally privileged and such privilege had not been waived by disclosure in the proceedings of a report referencing content from those notes.

  • Shipping Offshore

    2021

    Eternal Bliss did not last forever for shipowners Court of Appeal overturns decision narrowing scope of demurrage

    The High Court decision last year in The Eternal Bliss changed the landscape for owners and voyage charterers by establishing that damages in excess of demurrage can be claimed by owners, even where the only breach was the failure to load and discharge within the laytime. Demurrage had previously been thought to be a complete code for damages caused by that breach. Judgment has now been handed down in the Court of Appeal overturning that decision.

  • Shipping Offshore

    2021

    Whose liability is it anyway? Apache UK Investment Limited v Esso Exploration and Production UK Limited (2021) EWHC 128

    On the 17 May 2021, the Commercial Court clarified the proper interpretation of the Petroleum Act 1998, dealing specifically with the extent of previous licensees’ liability in decommissioning programmes.

  • Shipping Offshore, Dispute Resolution

    2021

    Tiered dispute resolution clauses – problems in drafting

    There are various forms of tiered dispute resolution clauses requiring negotiation and/or mediation before arbitration, and difficulties may arise when the procedure is not followed. A recent English case, NWA and Other v NVF and Others [2021] EWHC 2666, has added further insight to the interpretation of these clauses and the need for clarity in their drafting.

  • Shipping Offshore

    2021

    High Court provides further guidance on implied terms under English law

    In the shipping and offshore industry, guarantees are frequently given as security for a legal promise for performance of a separate or primary contract. However, as guarantees are themselves a form of security, do they also contain an implied term that security cannot be sought for breaches of their provisions? That question was recently answered by the High Court in CVLC Three Carrier Corp v Arab Maritime Petroleum Transport Company [2021] EWHC 551 (Comm).

  • Shipping Offshore

    2021

    Always on demand? – Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Limited

    On 23 July 2021, in a decision with potentially far-reaching implications for the shipbuilding industry and for guarantees generally, the Court of Appeal issued a judgment addressing what makes a guarantee issued by an entity other than a financial institution a “demand guarantee" rather than a “see to it guarantee”.

  • Shipping Offshore

    2021

    Equipment leasing in the maritime industry – protection of legal title

    Companies leasing out equipment for use on board vessels need to be mindful of the legal risks and challenges in protecting legal title to their equipment. In this article we have highlighted potential threats and possible measures of mitigation.

  • Shipping Offshore

    2021

    MARPOL Annex VI – EEXI AND CII – can your contracts cop?

    The IMO recently introduced amendments to MARPOL Annex VI aimed at improving the technical and operational efficiencies of all types of ships. These amendments are expected to enter into force as soon as 1 January 2023. The amendments introduce the Energy Efficiency Existing Ship Index (EEXI), a technical measure concerned with ship design, and the Carbon Intensity Indicator (CII), an operational measure concerned with a ship’s trading and operation.

  • Renewable energy and infrastructure, Shipping Offshore, Ocean Industries, Sustainability

    2021

    From East Anglia to East Asia: A commercial perspective on the development of offshore wind in Taiwan and further afield

    Alex Hookway, a Senior Lawyer in Wikborg Rein's Renewables Team, sat down with Sam Stout, Managing Director of Colebrook Offshore1 in London. They discussed the current status of offshore wind in the Asia-Pacific, the (sometimes painful) lessons learned from the early wind farms in Taiwan and further afield, and what's next for wind energy in the region.

  • Renewable energy and infrastructure, Shipping Offshore, Ocean Industries, Sustainability

    2021

    Coming of age, what to do with mature wind farms? extend, repower or decommission?

    At a time when many nations are expecting an explosion of new leasing rounds to meet the gap left by the phasing out of fossil fuels (and in some jurisdictions, nuclear power), it might seem odd to consider the ‘end of life’ options for wind farms – whether lifetime extension, repowering or decommissioning. However, wind turbines have an operational lifetime of 20-25 years. For the original offshore developments in the North Sea, this may be shorter as technology, fabrication and construction knowledge has developed rapidly over the past 20 years.

  • Renewable energy and infrastructure, Shipping Offshore, Ocean Industries, Sustainability

    2021

    Post-Trump: The Winds of Change Opportunities for offshore wind farm installation vessels in the US

    Despite the USA having what has been described as a “globally significant wind resource”, the development of the offshore wind industry in the United States has had something of a slow start, with only 5 electricity generating turbines currently in operation in US offshore waters with generating capacity of only around 30 MW.

  • Renewable energy and infrastructure, Shipping Offshore, China, Ocean Industries, Sustainability

    2021

    Offshore wind projects in China: Key legal issues

    For those who are interested in the Chinese offshore wind market, it is crucial to understand that the Chinese regulatory framework for this sector is complicated and comprehensive, covering the whole value chain.

  • Renewable energy and infrastructure, Shipping Offshore, Ocean Industries, Sustainability

    2021

    Charterparties for wind turbine installation vessels

    An important part of every offshore wind project is the installation of wind turbines. Installation of modern bottom-fixed offshore wind parks require specialised turbine installation vessels (WTIVs) to perform impressive lifts in challenging conditions. Currently, there is limited number of vessels available for these projects, in particular as wind parks are developed further offshore and with larger turbines. The charters for WTIVs are often fixed a couple of years prior to the project execution and accordingly, negotiation of the charterparties for these vessels is critical for a project’s success.

  • Renewable energy and infrastructure, Shipping Offshore, Ocean Industries, Sustainability

    2021

    BIMCO ASVTIME

    Earlier this year BIMCO expanded their suite of offshore contracts by launching the new standard time charter for accommodation support vessels. Wikborg Rein participated in BIMCO’s drafting committee for the form, and set out an overview of its key features below.

  • Renewable energy and infrastructure, Shipping Offshore, Sustainability, Ocean Industries

    2021

    Floating offshore wind: How to structure technology development

    Technology development within offshore wind, particularly floating offshore wind, is expected to continue at a significant pace in the coming years. How could such technology development be structured, and what should the involved parties be aware of and take into consideration?

  • Renewable energy and infrastructure, State aid and EU/EEA law, Shipping Offshore, Sustainability, Ocean Industries

    2021

    State Aid for Offshore Wind

    There is no doubt that offshore wind needs considerable public support in order to be financially viable. However, such support must first pass the threshold of EEA state aid law. How can state aid for offshore wind be granted legally, and what sources of state aid are available in Norway and the EU?

  • Renewable energy and infrastructure, Shipping Offshore, Sustainability, Ocean Industries, Financing

    2021

    Debt Capital Financing of offshore wind projects

    Offshore wind projects will play an important role in meeting the world’s need and demand for sustainable energy going forward. Offshore wind projects make an attractive investment, due to, among other factors, their stable and heavily regulated nature, as well as their green profile and the possibility of long term cash flows.

  • Renewable energy and infrastructure, Shipping Offshore, Ocean Industries, Sustainability

    2021

    Offshore wind power purchase agreements

    Power purchase agreements (PPAs) often play a crucial role in project financing of renewable energy projects, including offshore wind. Having a PPA in place to secure the revenue stream for a renewable energy project is often a necessity to attract banks and other project financiers. While a PPA may make an offshore wind project bankable, there are several considerations to be made in the drafting of a PPA. In this article we take a closer look at some important questions surrounding those considerations.

  • Renewable energy and infrastructure, Ocean Industries, Sustainability, Shipping Offshore

    2021

    Marine spatial conflicts: Offshore wind – Increased pressure on Norway’s marine areas

    Norway’s large sea areas remain one of the country’s most important advantages in the global transition to a greener and more sustainable society. Solving the global climate challenges includes investments in measures such as ocean-based transport, restoration of marine ecosystems, seafood, storage of carbon in the ocean floor and ocean-based renewable energy. While these activities can help reduce the carbon footprint, they may also lead to increased activity in the sea areas already used for other types of (traditional) marine activities.

  • Renewable energy and infrastructure, State aid and EU/EEA law, Shipping Offshore, Ocean Industries, Sustainability

    2021

    Distribution of congestion revenue from interconnectors

    Offshore renewable energy plays a key role in achieving the EU’s climate and energy goals set out in the European Green Deal. The EU aims to reduce greenhouse gas emissions by 55% by 2030, and to become the first carbon-neutral continent by 2050.

  • Renewable energy and infrastructure, Shipping Offshore, Sustainability, Ocean Industries

    2021

    Auctions as an allocation tool – how auctions can be tailored to reduce uncertainty

    Norway is in the process of opening up for establishment of offshore wind production. One option is the use of auctions to allocate exclusive rights for this purpose. Industry players have raised concerns in particular due to uncertain prerequisites for these auctions. In this article, we point out that uncertainty might be mitigated by tailoring the auctions, and we give examples on how uncertainty can be reduced.

  • Renewable energy and infrastructure, Shipping Offshore, Sustainability, Ocean Industries

    2021

    How to manage regulatory risks in your joint venture agreement

    Several large companies have recently teamed up in consortiums, announcing their interest in the development of Norway’s first large scale offshore wind farms in the Utsira Nord and Sørlige Nordsjø II areas in the North Sea. At the same time, the Norwegian energy authorities are carrying out a revision of the Offshore Energy Act, the Offshore Energy Act Regulations, and the guidelines for the offshore wind concession process, leaving many unanswered questions in the regulatory landscape.

  • Renewable energy and infrastructure, Sustainability, Shipping Offshore

    2021

    IPCEI Hydrogen – kick-starting Europe’s hydrogen revolution

    High costs and low demand have hindered the creation of an emissions-free hydrogen market. With IPCEI Hydrogen, the EU’s new gigantic push to bring together public and private hydrogen investments, the hydrogen market may finally have its much needed kick-start.

  • Renewable energy and infrastructure, Sustainability, Shipping Offshore

    2021

    Hydrogen as a maritime fuel and the shipping industry’s need for transition

    In the coming decades, the shipping industry will have to make a transition to sustainable fuels and energy carriers. Hydrogen has been highlighted as one of the means to achieve this transition, and in Norway several interesting projects are currently ongoing.

  • Renewable energy and infrastructure, Sustainability, Shipping Offshore

    2021

    Marine transportation solutions and applications of hydrogen – contractual considerations for hydrogen projects and the hydrogen value chain

    The hydrogen industry is undergoing rapid development, in particular due to the ever-increasing focus on reducing the carbon footprint and emissions across all businesses and industries. Hydrogen has a wide range of applications, and projects of various scales are being developed to cater for the varying local- and end-users’ needs. As a result, a variety of contractual frameworks and structures will likely emerge – both on a project-by-project basis and regarding the hydrogen value chain as a whole.

  • Sustainability, Shipping Offshore

    2021

    Key aspects of FuelEU Maritime proposal

    On 14 June 2021 the European Commission presented a package of proposals that are aimed at ensuring that the European Union achieves its goals of cutting greenhouse gas emissions by at least 55% by 2030. The proposals include, among other things, the new FuelEU Maritime initiative and the proposed implementation of the EU Emissions Trading System (the ETS) and the EU Energy Taxation Directive (the ETD) for the shipping sector.

  • Renewable energy and infrastructure, Gas Dispute, Shipping Offshore

    2021

    Hydrogen – is it rocket science?

  • Shipping Offshore

    2021

    High Court provides further guidance on implied terms under English law

    In the shipping and offshore industry, guarantees are frequently given as security to legally promise the performance of a separate or primary contract. For example, they are: given by parent companies in support of charterparties entered into by their subsidiaries; an essential documentary component of the shipbuilding process; and often a condition precedent to contracts awarded for the construction of large offshore energy projects.

  • Shipping Offshore

    2021

    Always on demand?

    In a decision with potentially far reaching implications for the shipbuilding industry and for guarantees generally, the English Court of Appeal on 23 July issued a judgment (Shanghai Shipyard Co. Ltd v Reignwood International Investment (Group) Company Limited [2021] EWCA Civ 1147) addressing what makes a guarantee issued by someone other than a financial institution a "demand" guarantee versus a "see to it" guarantee.

  • Shipping Offshore

    2021

    Read our Shipping Offshore Update June 2021

    In this Shipping Offshore Update we seek to address the legal developments relating to the shipping and offshore markets

  • Shipping Offshore

    2021

    ASBAGASVOY 2020 – a new voyage charter for gas tankers

    BIMCO and the Association of Ship Brokers & Agents (“ASBA”) recently released a dedicated gas tanker voyage charterparty, the ASBAGASVOY 2020. The form is a based on the well-established ASBATANKVOY form for product tankers and has been developed in response to the growth of the gas spot market.

  • Shipping Offshore

    2021

    CO2 transportation and storage agreements – is it rocket science?

    Carbon Capture and Storage (CCS) projects have been referred to as “moon landings”. One may presume that, along with some of the technology, the underlying business and contracts are also something akin to rocket science. However, a closer look reveals major similarities to the gas sales business and gas sales agreements rather than something more ground breaking.

  • Shipping Offshore

    2021

    Ship recycling – ongoing liabilities for shipowners

    The English Court of Appeal has in a recent judgment (Hamida Begum v Maran (UK) Limited [2021] EWCA Civ 326) upheld the High Court’s decision to decline to strike out a claim against a UK ship manager for the death of a shipyard worker in Bangladesh following a demolition sale.

  • Shipping Offshore

    2021

    Shipbuilding Notice of defects – possible traps for the buyer and the builder

    A Norwegian Supreme Court decision from last year provides guidance on the importance of a buyer giving notice of defects in due time, as well as the importance of a builder reserving its rights before entering into discussions on the merits of those defects.

  • Shipping Offshore

    2021

    Deep sea mining – preparing the ground

    The Norwegian Government has initiated a process for the potential opening up of deep sea mining on the Norwegian continental shelf. What is the legal framework for such developments and how does the Norwegian Government foresee that this process will be conducted?

  • Shipping Offshore

    2021

    The shipbuilder’s interpellation right – Obtaining clarity in a delayed shipbuilding project

    Delay in shipbuilding projects may ultimately grant the buyer a cancellation right, thereby giving rise to both legal and economic risks for the shipbuilder. Under the circumstances, the builder’s “interpellation” right can help mitigate those risks and provide clarity for both parties.

  • Shipping Offshore

    2021

    Updated BIMCO contracts for towage and barge hire

    BIMCO has recently published new editions of the widely used TOWHIRE, TOWCON and BARGEHIRE contract forms, which were last revised in 2008. The amendments are intended to improve legal clarity and bring the contracts more in line with current commercial practice.

  • Renewable energy and infrastructure, Shipping Offshore

    2021

    Two new partners

    We have the pleasure of announcing that Caroline Skaar Landsværk and Eleanor Midwinter have been appointed partners in Wikborg Rein. Caroline fits perfectly into the company's strategy and focus on renewable energy and sustainability in the energy sector and Eleanor's appointment will help maintain and build upon our already significant Shipping, Offshore and Commodities practice.

  • Shipping Offshore, Ocean Industries, Sustainability

    2021

    Green shipping: governmental support scheme for green offshore vessels

    In furtherance of its ambition to cutting CO2 emissions from the short sea shipping industry in Norway by 50 % within 2030, the Norwegian government today announced that NOK 150 million has been earmarked for 2021 to support green investments in offshore vessels.

  • Financing, Ranking, Capital Markets, Mergers and Acquisitions, Dispute Resolution, Litigation and Arbitration, Oil and gas, Intellectual Property, Shipping Offshore, Fisheries and Aquaculture, Financial Regulation, Competition law, M&A, Employment Law, Renewable energy

    2021

    Chambers Europe 2021

    We are pleased to announce that Wikborg Rein is consolidating our strong position in the Chambers Europe 2021 Guide launched today.

  • Shipping Offshore, Renewable energy

    2021

    BIMCO ASVTIME

    BIMCO has today expanded their suite of offshore contracts by launching the new standard time charter for accommodation support vessels. Wikborg Rein participated in BIMCO's drafting committee for the form and set out an overview of its key features below.

  • Shipping Offshore

    2021

    UK Supreme Court hands down judgment in its first collision case

    The Collision Regulations are the "rules of the road" for mariners navigating vessels worldwide. Historically, English law has played an extensive role in shaping their interpretation and understanding. However, it has been nearly 50 years since a case involving their interpretation has reached the jurisdiction's highest court.

  • Ranking, Financing, Capital Markets, Mergers and Acquisitions, Dispute Resolution, Litigation and Arbitration, Oil and gas, Intellectual Property, Shipping Offshore

    2021

    Top ranked in Chambers Global 2021

    We are happy to announce that it is once again confirmed by Chambers and Partners that Wikborg Rein is top ranked in Chambers Global 2021.

  • Shipping Offshore, COVID-19

    2021

    Admiralty Court delivers one of the first judgments relating to COVID-19 and its impact on shipping

    The COVID-19 pandemic has had a profound impact on the shipping industry and led to many disputes. However, owing to the prevalence of arbitration in resolving shipping disputes, and the time taken for cases to progress through the courts, there have been few reported cases detailing the pandemic's impact on the industry.

  • Sustainability, Ocean Industries, Technology and digitalisation, Renewable energy and infrastructure, Shipping Offshore

    2020

    Partner in the One Ocean Expedition

    Wikborg Rein is proud to partner and fully support the United Nations Decade of Ocean Science for Sustainable Development in the project: The One Ocean Expedition.

  • Shipping Offshore

    2020

    Read our Shipping Offshore Update December 2020

    In this Shipping Offshore Update we seek to address the legal developments relating to the shipping and offshore markets

  • Shipping Offshore, Litigation and Arbitration

    2020

    Arbitrator bias and the duty of disclosure: Supreme Court adopts a pragmatic approach

    When parties agree in a contract that any disputes arising from that contract will be referred to arbitration, they hope that any tribunal that will be appointed will be free of bias and approach the matter fairly. One of the long running debates, particularly in specialist fields where there has traditionally been a limited pool of arbitrators, is to what extent arbitrators need to disclose previous relationships with the parties to an arbitration or their lawyers.

  • Shipping Offshore

    2020

    Marine liquid hydrogen value chain– considerations

    A complete liquid hydrogen value chain is currently in development on the west coast of Norway. What are the key issues affecting the development of such a large scale cooperation project?

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2020

    “Full City” – 5 key takeaways from the limitation fund proceedings

    In November 2020, the limitation fund established following the grounding of the “Full City” near Langesund, Norway, in 2009 was finally distributed. The limitation fund proceedings, which ran in parallel with the proceedings concerning the limitation fund established following the “Server” casualty in 2007, have helped clarify several procedural aspects of limitation funds.

  • Shipping Offshore, Ocean Industries

    2020

    The London Dumping Regime – taking a lead in developing a legal framework for ocean fertilization activities

    Contracting Parties to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (the London Convention) and the 1996 London Protocol have taken steps to address potential harm to the marine environment from the evaluation of new experimental technologies designed to reduce carbon dioxide in the atmosphere.

  • Shipping Offshore, Fisheries and Aquaculture

    2020

    Offshore floating wind turbines and deepwater fish farms – different frameworks for success

    The regulatory framework that exists within the shipping and offshore industries is long established. Whilst the existing framework effectively extends to also encompass the offshore floating wind sector in Norway, the same cannot be said for deepwater fish farms.

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2020

    “Fisktrans” – withdrawal of wreck removal order following consideration of proportionality

    In a recent administrative appeal decision, the Norwegian Coastal Administration (the “NCA”) Head Office reversed the wreck removal order issued by the NCA Emergency Response Centre in respect of the “Fisktrans” which sank in Northern Norway in 2017. The decision confirms that the pollution authorities shall consider the proportionality of the measures ordered when exercising their administrative discretion.

  • Shipping Offshore

    2020

    BIMCO: SHIPLEASE

    September 2020 has seen the recent publication of the new “SHIPLEASE” indicative term sheet by the Baltic and International Maritime Council (BIMCO). SHIPLEASE has been drafted to provide the first set of standard terms and conditions for sale and leaseback transactions of second-hand vessels.

  • Shipping Offshore, Litigation and Arbitration

    2020

    International enforcement of arbitral awards

    The New York Convention allows for recognition and enforcement of international arbitral awards in most states. In this article, we outline the main steps of the process of enforcing international arbitral awards, adding our practical insight on the peculiarities of specific jurisdictions

  • Shipping Offshore, Litigation and Arbitration

    2020

    Imposing conditions to contractual consent – is it reasonable?

    In the recent decision in Apache North Sea Ltd v INEOS FPS Ltd [2020] EWHC 2081 (Comm), the Commercial Court has provided guidance on the interpretation of consent provisions in a contract where such consent is not to be “unreasonably withheld”.

  • Shipping Offshore

    2020

    Navigating floating LNG projects – hints and tips for owners

    In this article, we explore some of the key issues facing vessel owners when bidding for and negotiating floating LNG projects, whether for FLNG units (floating liquefaction) or FSRUs (floating storage and regasification)

  • Shipping Offshore, Litigation and Arbitration

    2020

    When is the law applying to an arbitration agreement not the same as the law applying to the contract?

    In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 the UK Supreme Court has (by a 3:2 majority) recently clarified that, in the absence of an express choice of law, the law governing the validity and scope of the arbitration agreement is that of the seat of the arbitration and not the law applicable to the contract.

  • Shipping Offshore, Litigation and Arbitration, Oil and gas

    2020

    ICC launches revised Rules for Arbitration: Considerations for commercial parties in the offshore sector

    Due to the coronavirus pandemic, conducting arbitration proceedings in 2020 has been challenging for many parties. As a result, several institutions have recognised the need for further developments in procedure and thus this year has resulted in numerous revisions to rules; including the most recent updates of the ICC Arbitration Rules (the "Rules").

  • Shipping Offshore, Maritime and Offshore Emergency Response, Ocean Industries, Environmental Law

    2020

    Maritime casualties in the High North

    As noted in the white paper on Norway's Arctic policy (the High North Report), maritime activities in the High North are expected to increase as a result of improved accessibility resulting from melting sea-ice, the high potential for increased commercial exploitation of marine and offshore resources, and successful marketing of the Arctic as a tourist destination. With increased activities comes an increased risk of accidents.

  • Shipping Offshore, Environmental law, Sustainability, Ocean Industries

    2020

    The High North Report – an "ocean of opportunities"?

    On 27 November 2020 the Norwegian government presented a white paper on the High North with the title "People, opportunities and Norwegian interests in the Arctic" (the "High North Report"). The report is the first white paper on the Northern region in nine years, and sets out the government's policy on foreign relations, climate change and environmental concerns, community development, business, infrastructure, transport and safety.

  • Shipping Offshore, Environmental law, Sustainability, Ocean Industries

    2020

    Beefing up emission and fuel standards in the Arctic

    It has been a long time coming, and on 20 November 2020 the 75th session of the IMO Marine Environment Protection Committee (MEPC 75) approved a "ban" on the use and carriage of so-called heavy fuel oil ("HFO") in the Arctic. The new regulation makes amendments to the Polar Code, as implemented in MARPOL. It is expected that the proposed amendments will be formally adopted at the next MEPC session in June 2021. However, more stringent standards have already been proposed by the Norwegian government for the area surrounding Svalbard.

  • Shipping Offshore, Environmental law, Sustainability, Ocean Industries

    2020

    Norwegian ocean management – modern or still very traditional?

    With Jens Evensen in the forefront, Norway was a pioneer in the development of the law of the sea in the 70s. However, the traditional law of the sea as we know it, with its zonal and sectoral approach, is not sustainable. Through the High North Report, the Norwegian government is laying the foundations for what will be Norwegian foreign policy for the next 10 years. Is Norway once again capable of being a pioneer in the development of a modern law of the sea?

  • Shipping Offshore, Technology and IT Law, Renewable energy, Sustainability

    2020

    Main Blue Economy Partner

    Wikborg Rein has recently entered into a partnership as a Blue Economy Main Partner at Nor-Shipping together with Gard. Norwegian Energy Partners (NORWEP) and Telenor Maritime are joining as Partners. The biannual conference will take place from 1 to 4 June 2021.

  • Shipping Offshore

    2020

    Wikborg Rein supports the Sailors' Society

    There are 1.6 million seafarers around the world and due to COVID-19, 2020 has been a particularly difficult year for them all. Wikborg Rein feel very proud to support the Sailors' Society in their work to help all seafarers.

  • Shipping Offshore, Sustainability, Ocean Industries

    2020

    Green investments in ocean industries

    The intersection between green investments and ocean industries continue to attract increased attention from investors, financiers and companies in search of new business opportunities.

  • Shipping Offshore

    2020

    Shipping Offshore webinar series

    We are delighted to invite you to the first webinar in our Shipping Offshore webinar series. Throughout the next months, we will be holding live webinars from Oslo, Bergen/Stavanger, London and Shanghai/Singapore covering current topics related to the shipping and offshore industries.

  • Shipping Offshore

    2020

    Read our Shipping Offshore Update June 2020

  • Shipping Offshore

    2020

    Environmental protests against rigs in Norwegian waters

    Rig owners and operators will be all too familiar with environmental protests against rigs where climate activists attempt to disrupt drilling activities. With increased global attention on the environment and global warming, the frequency of such protests would appear to be increasing.

  • Shipping Offshore

    2020

    Electrification projects on the Norwegian continental shelf – legal challenges and opportunities

    Electrification of the Norwegian continental shelf (“NCS”) will significantly reduce Norway’s carbon emissions, and we expect to see a future increase in investments in electrification projects in the coming years. However, important clarifications from the Norwegian authorities are required in order to establish more predictability for such high value offshore grid investments

  • Shipping Offshore

    2020

    A hard-fought victory for the rule of law

    The multi-billion dollar Gazprom-Naftogaz settlement shows how persistent resort to legal means can defeat apparently superior opponent.

  • Shipping Offshore

    2020

    When are e-mails to your team and your in-house lawyers disclosable?

    In The Civil Aviation Authority v R (Jet2.Com Ltd, [2020] EWCA Civ 35), the Court of Appeal in London has recently given judgment on a dispute about disclosure of some of Civil Aviation Authority’s (“CAA’s”) internal documents and e-mails which CAA claimed were privileged due to the inclusion of their in-house lawyers as addressees. The judgment covered many points, but of particular interest was its finding on how legal advice privilege applies to multi-addressee emails.

  • Shipping Offshore

    2020

    Arbitration in Norway – benefits of NOMA vs. ad hoc arbitration

    Arbitration is the most commonly used dispute resolution mechanism in shipping and offshore contracts. Very often however, parties tend to spend little or no effort reflecting on the type of arbitration solution chosen, i.e. ad hoc vs. institutional arbitration. In this article, we will highlight the benefits of agreeing to arbitration under the rules of NOMA – the Nordic Offshore and Maritime Arbitration Association vs. ad hoc arbitration.

  • Shipping Offshore

    2020

    Shipyards’ right of retention for non-payment

    Under the Norwegian Maritime Code, a shipyard which constructs or repairs a ship may retain physical possession of that ship until it has been paid by the relevant shipowner for works done. This retention right creates a security or lien over the vessel which has priority over secured creditors, and may therefore be of great value to a shipyard in incentivising owners to pay.

  • Shipping Offshore

    2020

    Bareboat registration in Norway – a new initiative to retain Norway’s position as a leading maritime nation

    To meet the existing and future needs of the maritime industry in Norway, the Norwegian ship registers (NIS and NOR) have finally decided to permit bareboat registration in and out of the Norwegian flag.

  • Shipping Offshore

    2020

    Limitation of liability – the English courts consider the meaning of the terms “operator” and “manager”

    The Stema Barge II [2020] EWHC 1294 This judgment, handed down in the Admiralty Court on 22 May 2020, looks in detail at the scope and meaning of the 1976 Limitation Convention, in particular the meaning of the phrase “the operator of the ship” in Article 1(2). In determining the meaning of “operator”, it was necessary for the court to also examine the meaning of “manager”. This is the first time that the English courts have been called upon to consider this issue.

  • Shipping Offshore

    2020

    Passage plans – fail to prepare, prepare to fail

    The CMA CGM Libra [2020] EWCA Civ 293 (Alize 1954 and CMA CGM SA v Allianz Elementar Versicherungs AG and 16 Ors) The Court of Appeal of England & Wales has recently endorsed the first-instance Admiralty Court decision that a failure to properly prepare a passage plan or to properly mark-up navigational charts to reflect navigational dangers, may amount to a failure to exercise due diligence to make the vessel seaworthy, leading to an actionable fault defence for cargo interests who had refused to contribute to general average.

  • Shipping Offshore

    2020

    Should public authorities be entitled to higher interest when claiming clean-up costs under the Pollution Control Act?

    What happens if a vessel has an accident involving oil spill and public authorities clean up, but wait almost three years before claiming the clean-up costs from the shipowner? Can the public authorities claim interest, and if so, from when and at what rate?

  • Shipping Offshore

    2020

    Norwegian Supreme Court clarifies time bar rules applicable to direct actions against P&I insurers

    In its decision in the “Mineral Libin” (HR-2020-257-A) the Norwegian Supreme Court provides clarification on the mandatory scope of the Insurance Contract Act and the application of the general Norwegian Time Bar Act in direct actions against P&I insurers under Norwegian law.

  • Shipping Offshore

    2020

    SUPPLYTIME – new special tasks annexes

    For decades, SUPPLYTIME has been the industry standard time charter for offshore support vessels. However, in recognition of its broader usage within the offshore and renewables sector as a whole, BIMCO has recently published four new annexes for special tasks that can be incorporated into this popular standard contract.

  • COVID-19, Shipping Offshore, Litigation and Arbitration

    2020

    The effects of Covid-19 on scheduled court and arbitration hearings in England

    The effects of the current outbreak of Covid-19 on ongoing court and arbitration proceedings have been profound ranging from general court closures, adjournment of cases and potential increases to costs (as well as some potential savings) and a corresponding rise in remote hearings. The following article sets out basic guidance regarding the conduct of a remote hearing, addresses frequently asked questions and also reviews the potential costs consequences.

  • Shipping Offshore, China

    2020

    Notification is the key: The prevention principle, delay and extensions of time under shipbuilding contracts

    The decision in Jiangsu provides an in-depth analysis of how, if at all, the prevention principle applies to shipbuilding contracts and the importance of good contract management to notify and seek extensions for events of delay.

  • Shipping Offshore, COVID-19

    2020

    Navigating the liquidity squeeze

    The COVID-19 virus and its countermeasures, the plunge in the oil price and extreme currency fluctuations are adding to the pain of a prolonged downturn in several shipping / offshore segments with imminent risk of liquidity loss. Decisive response is thus crucial to preserve value for the stakeholders involved.

  • Shipping Offshore, COVID-19

    2020

    The COVID–19 virus: Legal challenges for the shipping and offshore industry

    The fast spreading of the COVID-19 virus world-wide and actions by regulatory bodies create challenges for all industries, and particularly the shipping and offshore industry, being of international character.

  • Shipping Offshore

    2020

    Wikborg Rein Singapore advises AG&P on long-term FSU charter from ADNOC for new Karaikal LNG terminal

    We have advised global downstream gas and LNG logistics company, AG&P, on its long-term charter from the Abu Dhabi National Oil Co (ADNOC) of a Floating Storage Unit (FSU) for AG&P’s new LNG import terminal located within Karaikal Port in Puducherry, India.

  • Shipping Offshore

    2020

    The impact of coronavirus on global trade and contracts

    Headlines across the world are currently dominated by news of a new strain of coronavirus originating from the city of Wuhan, China. The virus is spreading rapidly, and has already resulted in numerous deaths.

  • Shipping Offshore

    2020

    Wikborg Rein London advises BW on El Salvador's first LNG-to-power project

    Wikborg Rein advised long-standing client BW Gas Ltd (BW LNG) in respect of its provision of a Floating Storage and Regasification Unit (FSRU) as part of the first integrated Liquefied Natural Gas (LNG)-to-Power project at the Port of Acajutla in the Department of Sonsonate in El Salvador, led by Invenergy and its project subsidiary Energía del Pacífico (EDP).

  • Shipping Offshore

    2020

    Awilco LNG Sale and Leaseback

    Wikborg Rein acts for Awilco LNG on US$350m Sale and Leaseback transaction of two LNG Carriers

  • Shipping Offshore

    2019

    Andreas Fjærvoll-Larsen: New Partner in Oslo

    With comprehensive experience from international shipping/offshore transactions and an extensive international network, Andreas Fjærvoll-Larsen is ready to take on the role as Partner in Wikborg Rein from 1 January 2020.

  • Shipping Offshore

    2019

    Read our Shipping Offshore Update December 2019

  • Shipping Offshore, Renewable energy

    2019

    Public consultation on offshore wind power in Norway

    In July 2019, the Norwegian Ministry of Petroleum and Energy (the “Ministry”) presented a proposal to open up certain areas offshore Norway for the development and construction of offshore wind farms. In this article we will provide an overview of certain characteristics of those areas as well as the proposed new regulations related to offshore renewable energy production.

  • Shipping Offshore

    2019

    How many attacks does it take to make the Strait of Hormuz unsafe?

    Since May 2019, there have been six oil tankers attacked in the Strait of Hormuz, four on 12 May 2019 and two on 13 June 2019, all allegedly with limpet mines or drones/missiles. Despite these attacks, vessels are however still taking orders to sail through the Strait albeit at higher war risk insurance rates and no doubt heightened crew concerns. Whilst the occurrence of such attacks might lead to war risk clauses in the governing charterparties being invoked and the war risk insurers applying their own approach to the situation, at what point, under English law, can owners refuse such voyage orders on the basis that the Strait is contractually unsafe?

  • Shipping Offshore, Financing

    2019

    Shipping project finance – new regulatory intricacies

    Project financing has historically been a popular investment scheme and source of capital in Norway for shipping projects. The Norwegian regulatory authorities have however recently published guidelines regarding the application of the alternative investment fund regime on project finance entities and it is important that issuers, advisors, arrangers and investors are aware of the pitfalls of being captured by the wide definition of an alternative investment fund, and what steps they can take in order to adapt to the regulations.

  • Shipping Offshore, Capital Markets

    2019

    Teekay shuttle tankers issues the first Nordic maritime green bond

    In early October 2019 Teekay Shuttle Tankers LLC (“Teekay”) successfully placed its USD 125 million inaugural green bond, the first green bond to be issued in the Nordic markets by the maritime industries.

  • Shipping Offshore

    2019

    Shipbuilding – the consequences of disruption by buyers

    In the lead-up to delivery under shipbuilding and offshore fabrication contracts where delivery is delayed, buyers may, from time to time, face claims that they have disrupted the contractor’s progress in such a way that the contractor is entitled to an extension of the delivery date and/or damages for the additional costs incurred. A recent ruling from the Norwegian Supreme Court involving land-based construction clarifies the requirements as to causation for such a claim to succeed.

  • Shipping Offshore

    2019

    Contractual options for stranded assets

    The downturn in the offshore markets has clearly been deeper and more longer lasting than had originally been expected following the collapse of the oil price back in 2014. This article takes a brief look at the current situation and at some of the contracting solutions that we are seeing in these markets.

  • Shipping Offshore

    2019

    Shipbuilding from A to Z

    Øystein Meland has worked with shipbuilding related matters on behalf of Wikborg Rein for more than 30 years, acting for both Norwegian and international clients. Capitalising on this experience, Meland launched the latest edition of his book “Shipbuilding Contracts – A commentary based on SHIP 2000” on 30 October 2019.

  • Shipping Offshore

    2019

    Norwegian Court of Appeal strikes another blow against forum shopping in direct action case

    In a recent decision, the Court of Appeal held that Norwegian courts do not have jurisdiction under the Lugano Convention in a direct action concerning a ship collision in the Singapore Strait. The decision follows the Supreme Court's decision last year which set aside the Court of Appeal's previous decision which had found that there was jurisdiction.

  • Shipping Offshore

    2019

    Poseidon Principles – Global framework for responsible ship finance

    Major international shipping banks have recently launched a collaboration for integration of climate considerations into their lending decisions. The "Poseidon Principles" establish a common, global baseline to quantitatively assess and disclose whether financial institutions’ lending portfolios are in line with adopted climate goals.

  • Shipping Offshore

    2019

    The UK Supreme Court’s decision in the “Renos” on CTL and the position under the Nordic Plan

    The UK Supreme Court’s recent decision in the “Renos” (Sveriges Angfartygs Assurans Forening (The Swedish Club) and others v Connect Shipping Inc and another, [2019] UKSC 29) will be a landmark case on marine insurance under the English Institute Time Clauses Hulls (1/10/83) ("ITCH") conditions. It clarifies that when determining whether a vessel is a constructive total loss (“CTL”) under the ITCH conditions, regard should be had to (a) the costs incurred prior to the owners’ notice of abandonment, but not (b) remuneration payable under the SCOPIC clause. The decision will have significant importance in the insurance market because of the financial and practical implications. But what would be the position under the Nordic Marine Insurance Plan of 2013 version 2019 (“Nordic Plan”)?

  • Shipping Offshore

    2019

    Shipbuilding Portal – digital building contracts

    The Shipbuilding Portal is a user-friendly online solution for the drafting of shipbuilding contacts based on the Standard Form Norwegian Shipbuilding Contract 2000, often referred to as "Ship 2000". It simplifies the drafting process and provides access to relevant practical information.

  • Shipping Offshore

    2019

    Read our Shipping Offshore Update June 2019 Nor-Shipping

  • Shipping Offshore

    2019

    Shipbuilding Portal – digital building contracts

    Wikborg Rein is launching a new digital service aimed at the shipping industry. The Shipbuilding Portal is a user-friendly online solution for the drafting of shipbuilding contacts based on the Standard Form Norwegian Shipbuilding Contract 2000, often referred to as "Ship 2000". It will simplify the drafting process and provide access to relevant practical information.

  • Shipping Offshore

    2019

    Quiet enjoyment letters – benefit to lenders?

    Quiet enjoyment letters ("QEL"s) are often used where a ship, rig or other unit being financed is subject to a long-term charterparty to govern the inter-relationship between the owner, its financiers and the charterer. But what is a QEL and do they have any benefit for the lenders?

  • Shipping Offshore

    2019

    Finance and operating leases in the Chinese market – key differences

    Chinese sale and leaseback deals are now a well established financing option in the shipping sector. Whilst Chinese leasing companies have traditionally opted to go down the finance lease route, they are increasingly assuming more risk and opting for either a full operating lease arrangement or a hybrid structure adopting elements of both finance and operating leases.

  • Shipping Offshore

    2019

    Worldwide freezing orders upheld in multi-national shipping fraud case

    In a recent decision by the English High Court (Manchester Shipping Ltd v Balfour Worldwide Ltd & Anor [2019] EWHC 194 (Comm).) two worldwide freezing orders in a multi-national shipping fraud case were upheld, rejecting the defendant's allegations of breaches of full and frank disclosure and provided useful confirmation of the standing of an intermediary charterer to claim for the full value of the hire.

  • Shipping Offshore

    2019

    Court underlines charterers’ obligation to maintain class under bareboat charter

    A recent decision of the High Court in London means that shipowners will have a decisive right in remedy against bareboat charterers who fail to maintain the class status of a vessel. It will also serve as a reminder to charterers of the importance of documentary obligations under such charters.

  • Shipping Offshore

    2019

    Insolvency in China – how to minimise risk when a customer is facing bankruptcy

    Ever since China strengthened its legal framework for bankruptcy proceedings in 2007, the number of Chinese bankruptcies has increased significantly. For the seller in a supply contract, protection against bankruptcies should be considered when drafting the contract and suitable protections built in, to the extent possible.

  • Shipping Offshore

    2019

    Improving arbitration in Norway

    There are a number of ways to make arbitration more attractive and efficient and the inherent flexibility of arbitration provides practitioners with the necessary tools to achieve just this aim without resorting to the development and adoption of further written "guidelines" or "best practices".

  • Shipping Offshore

    2019

    Oslo – an efficient market for capital raisings

    The Norwegian capital markets offers a flexible, time- and cost efficient process for equity issues (private placements). A key consideration for investors is, however, tradeable securities. The N-OTC can offer instant low threshold listings of shares with a minimum of reporting requirements.

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2019

    Norway prepares for ratification of the Nairobi Wreck Removal Convention

    The Norwegian Parliament has recently decided that Norway shall ratify the Nairobi Wreck Removal Convention and that the Convention shall be given effect not only in Norway's exclusive economic zone, but also in its territorial waters. The Norwegian Parliament has also adopted legislation to implement the Wreck Removal Convention into Norwegian law once ratified.

  • Shipping Offshore

    2019

    The bunker balance – owners consider LNG in advance of 2020

    Using LNG rather than fuel oil is one of a range of options available to owners seeking to comply with IMO 2020. Given that shipbrokers have long predicted the emergence of a two-tier shipping market with 'greener' ships commanding a premium over older less eco-friendly vessels, what then is the future for LNG bunkering and what challenges does it present?

  • Shipping Offshore

    2019

    Readiness for the global sulphur cap - BIMCO's new IMO 2020 clauses

    Most of those involved in the shipping industry will by now have a clear picture of the requirements under the IMO 2020 global sulphur cap on marine fuels. Attention has therefore turned to the steps that need to be taken to put those requirements into practice. Two clauses recently introduced by BIMCO are aimed at addressing certain contractual aspects of the IMO 2020 requirements as they apply to time charterparties.

  • Shipping Offshore

    2019

    Autonomous ships in unchartered waters

    Unmanned ships are sailing onto the horizon and the Norwegian maritime cluster is uniquely positioned to take a leading role internationally in the development and commercialisation of this new technology. But is the legal framework keeping pace?

  • Shipping Offshore

    2019

    Charter terminated for want of class

    This decision will provide comfort for Owners, and serve as a reminder to Charterers of the importance of documentary obligations within a bareboat charter.

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update December 2018

  • Shipping Offshore

    2018

    New version of Nordic Marine Insurance Plan braces for Brexit – bolstering Nordic arbitration

    The 2019 version of the Nordic Marine Insurance Plan of 2013 (the ‘’Plan’’) has been approved by the Plan’s Standing Revision Committee and will formally enter into force on 1 January 2019. The revisions include a clearer borderline between war and marine risks, an automatic reinstatement clause for loss of hire and several other amendments. It also introduces an arbitration clause.

  • Shipping Offshore

    2018

    Nordic Offshore and Maritime Arbitration

    NOMA – the Nordic Offshore and Maritime Arbitration Association – was launched earlier this year with the aim at providing high-quality, cost-effective and quick dispute resolution as an alternative to the ordinary courts, ad hoc arbitrations as well as London arbitration.

  • Shipping Offshore

    2018

    Legal digital innovation: The future is here

    One of the benefits of the digital innovation revolution is the potential to implement solutions that eliminate labour intensive tasks e.g. large volumes of documents in due diligence or disclosure exercises can now increasingly be analysed and categorized far more efficiently by AI-driven systems. The new eDiscovery system is one of these solutions, and has recently been used by Wikborg Rein in a number of cases.

  • Shipping Offshore

    2018

    Guidance on drafting and interpreting contractual sanctions clauses

    In this article, we discuss the first UK case dealing with the scope of a sanctions exclusion clause in the context of the re-imposed US sanctions on Iran and the EU Blocking Regulation. We also provide some pointers for in-house counsel drafting sanctions exclusion clauses.

  • Shipping Offshore

    2018

    When are the owners obliged to commence the approach voyage to the loading port?

    CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd [2018] EWCA Civ 2413 (The Pacific Voyager) In this important decision the Court of Appeal (England and Wales) held that where a voyage charterparty contains no provision as to the vessel's expected time of arrival or readiness to load in the loading port, the inclusion of the expected time of arrival at the last discharge port under the previous charterparty provides the basis for an absolute obligation on the owners to commence the approach voyage to the loading port.

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2018

    Norwegian Supreme Court clarifies distribution of interest component in global limitation fund

    In a recent judgment in the “Full City” limitation fund proceedings, the Norwegian Supreme Court clarified how a global limitation fund established pursuant to the Norwegian Maritime Code is to be distributed. The Supreme Court held that the interest component in the limitation fund should only be distributed on the claims for interest and not on the other claims filed in the fund because the owners’ limitation of liability should remain the same regardless of whether a limitation fund is established or not.

  • Shipping Offshore

    2018

    Unit limitation for bulk and liquid cargoes

    A recent Court of Appeal decision confirms that Article IV(5) of Hague Rules does not apply to bulk and liquid cargoes

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2018

    Ship and rig recycling

    International conventions and local regulations combine to create a complex regime, which is often overlooked. The sale of a ship or rig to an intermediate buyer, who then sells the asset on to a shipbreaking facility, will not necessarily insulate the original owner from future liability or reputational damage.

  • Shipping Offshore

    2018

    Legal digital innovation: The future is here

    For Wikborg Rein, digital innovation means implementing solutions that eliminates labour intensive tasks to the clients benefit. Multiple documents can be analysed and categorized far more efficiently by AI-driven systems.

  • Shipping Offshore

    2018

    Wikborg Rein appoints two new partners in London

    We have appointed two new partners to our Shipping, Trade, Energy & Infrastructure team in London.

  • Shipping Offshore

    2018

    Read our Green Shipping articles

  • Shipping Offshore

    2018

    Who’s liable anyway? – Allocation of liability in Maritime Environmental Law

    Regulation of environmental­ liability in a maritime context first received international attention in the aftermath of the Torrey Canyon and Exxon Valdez incidents.

  • Shipping Offshore, Ship and rig recycling

    2018

    Recycling – where ships go to die

    A ship’s life cycle ends with it being dismantled and recycled. Up to 95 % of a ship’s weight is made up of steel, which can be sold and reused. A modern ­recycling process, which also includes the recycling of other materials, can be very efficient and is a positive step towards a greener shipping industry.

  • Shipping Offshore

    2018

    Retrofits – the approach to innovative technology and new equipment

    A ship’s life cycle ends with it being dismantled and recycled. Up to 95 % of a ship’s weight is made up of steel, which can be sold and reused. A modern ­recycling process, which also includes the recycling of other materials, can be very efficient and is a positive step towards a greener shipping industry.

  • Shipping Offshore

    2018

    Support schemes for green and sustainable shipping in Norway

    The Norwegian government has on several occasions reiterated how green solutions within shipping and the maritime industry are of high importance and its ambition that Norway should be front-runner in developments of green technology and low-emission solutions.

  • Shipping Offshore

    2018

    Green funding for shipping in the Norwegian Capital Markets

    The Norwegian capital markets have been and continue to be attractive and a widely used sources of equity and debt funding for shipping and offshore companies from around the globe.

  • Shipping Offshore

    2018

    Ballast water – managing risks of zoological pollution

    Zoological pollution is becoming an increasing concern for commercial shipping worldwide. The threat of invasive species spreading through the intake and discharge of ballast water has resulted in the IMO adopting the International Convention for the Control and Management of Ships’ Ballast Water and Sediments in force as of 8th of September 2017 (the “Convention”).

  • Shipping Offshore

    2018

    New emission regulations in shipping

    The push for the international shipping industry­ to reduce its role in global air emissions has resulted in new environmental rules and regulation being introduced at an accelerated pace.

  • Shipping Offshore

    2018

    Who bears the risk of concurrent delay?

    The English Court of Appeal has now spoken.

  • Shipping Offshore

    2018

    ESA has closed its assessment of the Norwegian International Ship Register

    In 2014, ESA commenced an audit of the Norwegian International Ship Register. Subsequently, the EFTA Surveillance Authority (the “ESA”) opened a case against Norway for a possible breach of the EEA Agreement. The case concerned a geographical trade limitation applicable to ships flying the flag of the Norwegian International Ship Register.

  • Shipping Offshore

    2018

    Chinese financial leasing – an increasingly viable alternative to bank debt for a capital intensive industry

    Shipowners require vast amounts of liquidity in order to fund the CAPEX costs of acquiring new and second-hand tonnage as well as to fund their operations on a day to day basis and Chinese lease finance offers an increasingly viable alternative to the more traditional bank finance that shipowners have traditionally relied on.

  • Shipping Offshore

    2018

    The Inter-Club Agreement – A "NO FAULT" REGIME?

    In Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Ltd [2017] EWCA Civ 2107 the Court of Appeal recently provided important clarification in relation to the apportionment of liability for cargo claims as between shipowners and charterers under the Inter-Club Agreement ("the ICA").

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2018

    "Kvitnos" – when is a commercial agreement entered into for towage assistance to a distressed vessel?

    A recent judgment from Agder Court of Appeal in Norway regarding remuneration for towage of the vessel “Kvitnos” underscores that in circumstances where commercial terms have been discussed a party wishing to claim a salvage award should expressly reserve their rights to do so.

  • Shipping Offshore

    2018

    New FIDIC Yellow Book

    In December 2017, FIDIC launched the second editions of its Red, Yellow and Silver Books to reflect legal and practical developments since the first editions were issued in 1999. In this article we will look at the key changes introduced to the FIDIC Yellow Book, which is widely used in offshore projects.

  • Shipping Offshore

    2018

    Letters of indemnity for delivery of cargo without production of a bill of lading

    In the SONGA WINDS [2018] EWHC 397, The High Court, London decides that LOIs requesting delivery without production of bills of lading to an intermediate trader of the cargo are still triggered even though delivery was to the trader's buyer.

  • Shipping Offshore

    2018

    High chairs and high stakes: Limitation of liability clauses in Norwegian law offshore contracts

    Disputes are expensive, particularly those involving large construction projects where there may have been changes to the scope of work and cost overruns. Contractors therefore face a difficult choice when trying to close the final account, either negotiating a resolution on any terms available or funding litigation which they may not be able to afford.

  • Shipping Offshore

    2018

    US withdrawal from the Iran Nuclear Deal – what now for shipping and maritime trade with Iran?

    On 8 May 2018, President Trump announced that he was withdrawing the US from the Iran Nuclear Deal, otherwise known as the Joint Comprehensive Plan of Action ("JCPOA"). The US sanctions regime is now likely to return to the state it was in before the JCPOA, with clear ramifications for shipping and maritime trade with Iran.

  • Shipping Offshore

    2018

    New Proposed Program for Offshore Drilling in the US

    On January 4, 2018, the Trump administration unveiled a draft program for increased development of U.S. offshore oil and gas resources. The 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program (the "DPP") calls for the Bureau of Ocean Energy Management to offer leases for offshore acreage in 25 regions along America's coast. If instituted, the DPP would open up almost the entirety of the U.S. continental shelf to drilling (see map below):

  • Shipping Offshore

    2018

    BARECON 2017 – a broad brush revision of a widely used form

    BIMCO has today, 13 December, released the new BARECON 2017 – a revision of its 16 year old predecessor BARECON 2001. This represents an important update to one of the most commonly used maritime contracts – regularly applied for all types of maritime assets across all sectors in the shipping and offshore industries.

  • News

    2018

    Bareboat registration in and out of Norwegian Ship Registries

    On 5 December 2017 the Norwegian Ministry of Trade, Industry and Fisheries issued a consultation paper with proposed changes to the legislation for registrations of vessels in the Norwegian International Ship Registry (NIS) and the Norwegian Ordinary Ship Registry (NOR). The two Norwegian Ship Registries does not currently allow bareboat registration of vessels, but the proposal suggests to open up for such registration both into and out of NIS and NOR. The proposal is intended to meet the practical needs of the maritime industry and make the rules for vessel registration in Norway more flexible and internationally competitive.

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update June 2018

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2018

    Norwegian Supreme Court strikes a blow against forum shopping in direct action

    In a landmark decision, the Norwegian Supreme Court has set aside a decision from the Court of Appeal which had concluded that Norwegian courts have jurisdiction under the Lugano Convention in a direct action concerning a ship collision in the Singapore Strait.

  • Shipping Offshore

    2018

    We assisted Songa Bulk in its combination with Star Bulk

    Wikborg Rein assisted Songa Bulk ASA (OSE: SBULK) in its transaction to combine its fleet with Star Bulk Carriers Corp. (NASDAQ: SBLK) against consideration in shares of Star bulk and cash.

  • Shipping Offshore

    2018

    This is how Nina is sailing to the top in shipping

    Nina M. Hanevold-Sandvik(35) originally wanted to follow in her father's footsteps and become a diplomat. But after studying admiralty during studies abroad, she chose a career in maritime law instead. At Wikborg Rein she works in the cross-section between shipping and law – two traditionally male-dominated industries, and last year she was listed as one of "10 Women to Watch" by YoungShip. In this article, Nina shares her best tips on how to succeed.

  • Shipping Offshore

    2018

    BAREBOAT CHARTERS – charterer’s maintenance and redelivery obligations

    Difficult market conditions motivate cost savings wherever possible and this includes expenditure relating to the general maintenance of vessels. There has been an increase in disputes concerning the condition of vessels at the time of redelivery under a bareboat charter. Questions arise as to what is the charterers’ duty of maintenance under a bareboat charter and how can the parties best position themselves to avoid disputes?

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update December 2017

  • Shipping Offshore

    2018

    Who bears the risk of concurrent delay?

    A recent decision of the English Court has endorsed a decision by parties to “contract out” of responsibility for concurrent delay. This decision is important because, where parties agree to “contract out” of this responsibility, contractors may not be able to rely on the prevention principle as grounds for obtaining an extension of time for delay in construction contracts.

  • Shipping Offshore

    2018

    An overview of the health, safety and environmental regime in Nigeria’s offshore oil and gas sector

    As a result of tightening up of the health, safety and environment (HSE) standards applicable to Nigeria’s offshore oil and gas sector, operating companies embarking on new projects in Nigerian waters need to carefully assess the risk and financial burden of these new requirements before committing themselves or their assets to these projects.

  • Shipping Offshore

    2018

    Third party funding of disputes

    Disputes are expensive particularly when involve large construction projects where there have been changes to the scope of work and cost overruns. Contractors face a difficult choice when trying to close the final account of either negotiating a resolution on any terms available or funding litigation which they cannot afford.

  • Shipping Offshore

    2018

    Autonomous vessels and the digital future

    With reports that the first fully automated cargo ship will be launched in 2018 and, after a period of manned operation, will begin operating fully autonomously by 2020, the unmanned future for vessels appears to be just over the horizon. The success of such a technological leap will depend on public perception being able to adapt and accept unmanned vessels. It will also require applicable laws and regulations to be rewritten.

  • Shipping Offshore

    2018

    Management of foreign owned ships in the NIS

    In some transactions a non-Norwegian company may wish to register its ship in the Norwegian International Ship Register (“NIS”). This can only be done if the ship is managed by a shipping company who has its head office in Norway. This requirement has a bearing on the contractual structures and financing schemes that can be put in place and also raises issues concerning enforcement.

  • Shipping Offshore

    2018

    CARGO CONSIDERATIONS - owners’ lien on cargo

    In another cargo-related development, the English High Court has confirmed when it will order the sale of liened cargo which is the subject of arbitration proceedings.

  • Shipping Offshore

    2018

    “Export financing” for non-export shipbuilding

    In its recent National Budget Proposal for 2018, the Government has proposed a NOK 10 billion state loan and guarantee program for the construction of vessels at Norwegian shipyards intended for use in Norway.

  • Shipping Offshore

    2018

    A choice with consequences – progressive title transfer versus refund guarantees

    Irrespective of how the construction of a vessel is financed, the yard and its financiers will require that the buyer prepays a percentage of the contract price prior to delivery. This prepayment may be lost to the buyer if proper security for that prepayment is not put in place. Provision of refund guarantees is the most common way this is achieved, but progressive title transfer may in some cases be an alternative method for securing the buyer’s position.

  • Shipping Offshore

    2018

    Update on Independent Guarantees under Chinese law

    In China, independent guarantees are widely used. However, until recently there has been little or no guidance under Chinese law as to how these guarantees are to be interpreted.

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2018

    Jurisdiction clauses and choice of law in direct actions

    In significant decisions by the European Court of Justice (ECJ C-368/16) and the Danish Supreme Court (dated 9 October 2017) in a direct action brought in Denmark against a marine liability insurer, the validity of jurisdiction clauses and choice of law in such actions has been considered.

  • Shipping Offshore

    2018

    The New Flamenco – the Supreme Court dances in a different direction

    In the Court of Appeal ([2016] 1 LLR 383), time-charterers of the New Flamenco successfully overturned the High Court judgment against them, reinstating the arbitration award in their favour. The question was whether charterers liability for loss of profit should be extinguished by the profit that owners were able to make in selling the vessel earlier than would have been the case because of charterers’ repudiation.

  • 2018

    Cargo considerations - Protection given by letters of indemnity

    When delivering cargo in the absence of original bills of lading owners should take care to ensure that the terms of the Letter of Indemnity are drafted carefully.

  • 2017

    Fit for purpose provisions in offshore wind construction and installation contracts

    In the last couple of years two cases have been heard by the English Courts which consider the meaning and scope of fitness for purpose provisions in offshore wind construction and installation contracts. Although similar in some respects the cases differ both factually and legally but demonstrate the type of issues contractors can face in relation to offshore wind construction contracts and renewables projects more generally.

  • Shipping Offshore

    2017

    Innovation within marine renewables

    Marine renewables is still a relatively young industry and provides a setting where innovative thinking and entrepreneurship can and does flourish.

  • Shipping Offshore

    2017

    BIMCO windtime

    The installation and maintenance of offshore wind farms require personnel and equipment which has to be transported to and from offshore sites. Specialised vessels, typically small monohulls or catamaran vessels that carry up to 12 passengers, offer such ­services.

  • Shipping Offshore

    2017

    FIDIC – the potential pitfalls moving from onshore to offshore

    There is no standard contract in use in offshore construction projects.

  • Shipping Offshore

    2017

    Contracting in the marine renewables industry

    Contracts within the marine renewables industry often offer interesting opportunities for owners of offshore and installation vessels traditionally operating within the offshore oil and gas space.

  • Shipping Offshore

    2017

    NORWAY: Future hub for funding of green projects?

    Norwegian financial institutions, investment banks and governmental funding institutions have played a ­significant role in the growth of the shipping and offshore industry, developing a tradition of close partnerships with Norwegian industrial entrepreneurs.

  • Shipping Offshore

    2017

    China: Opportunities in an emerging wind jurisdiction

    China’s demand for electricity­ continues to grow voraciously and whilst China’s energy supply continues­ to be dominated by coal fired power ­stations, more recently the Chinese ­government has shown a stronger commitment towards using renewable sources of energy.

  • Shipping Offshore

    2017

    Policy framework for the offshore wind industry

    The policy framework for the offshore wind industry has to a large extent been linked to available government support schemes. The industry is however evolving quickly and ­growing larger by the day and the level of subsidies is dropping. A current trend seen in all major markets is an ongoing shift from feed-in-tariff and certificate based systems, to more competitive auctions often involving Contracts for Difference (CFDs). The main reason for this shift is cost reductions made possible due to factors such as industry maturity, rapid technology advancement, economies of scale and political cycle.

  • Shipping Offshore

    2017

    Read our Marine Renewables articles

  • Shipping Offshore

    2018

    Commercial Arbitration in Africa

    Historically, most commercial arbitrations involving African parties have been resolved by non-African tribunals in places far from the African continent. As commercial disputes involving African parties have become more frequent, a new generation of arbitration institutes may result in an increase of arbitrations in Africa.

  • Shipping Offshore

    2018

    New realities for LNG carrier time charters

    In keeping pace with the changing sentiment and nature of the LNG sector, the traditional long term LNG time charter market is evolving and charter periods are becoming shorter. This trend has a number of commercial, financial and legal implications which we consider in this article.

  • Shipping Offshore

    2018

    Risks of deliberately delaying discharge

    A recent Commercial Court decision in Transgrain Shipping (Singapore) Pte Ltd -v- Yangtze Navigation (Hong Kong) Co Ltd [2016] EWHC 3132 (Comm), has held that a charterer is 100% responsible under the Inter-Club Agreement for damage to cargo arising from an order to the vessel to delay discharge until the receivers were able to pay for the cargo.

  • Shipping Offshore

    2018

    Getting ready for the recovery

    It has been a brutal few years in the shipping and offshore markets with over-capacity, declining demand and the dramatic fall in the oil price, all contributing to historically low charter rates and plummeting asset values. It is no wonder that owners and operators in these markets have adopted defensive strategies in recent years.

  • Shipping Offshore

    2018

    Dismantling of offshore units

    The number of offshore drilling and production units due to retire has grown substantially as a result of the reduction in drilling activity and the challenge of dismantling offshore units has become increasingly relevant for owners and operators. Cost, liability, selection of a recycling or scrapping yard, as well as corporate social responsibility, are just some of the considerations an owner needs to bear in mind when considering scrapping offshore units.

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2018

    Wreck removal in China

    When a ship has reached the end of its life, the owners are inevitably faced with the decision of how to dispose of it in a manner that is both commercially viable and environmentally sustainable. The controversial practice of beaching vessels in low cost countries has spurred initiatives to tighten regulations on the recycling of ships. In the following pages we look at the current legal framework as well as what is to come.

  • Shipping Offshore

    2018

    Recycling of ships – what is the legal status?

    When a ship has reached the end of its life, the owners are inevitably faced with the decision of how to dispose of it in a manner that is both commercially viable and environmentally sustainable. The controversial practice of beaching vessels in low cost countries has spurred initiatives to tighten regulations on the recycling of ships. In the following pages we look at the current legal framework as well as what is to come.

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2018

    “Server” – landmark judgment of the Supreme Court on wreck removal

    The Norwegian Supreme Court has in a recent judgment in the “Server” case clarified a number of unsettled issues that will have an impact on other wreck removal cases, including whether the owners can use their right to limit liability as a defence against a wreck removal order. Wikborg Rein acts for the vessel’s owners, managers and P&I insurers.

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update Nor-Shipping May 2017

  • Shipping Offshore

    2018

    Read our Shipping Offshore Update Nor-Shipping December 2017

  • Shipping Offshore

    2016

    When charterers fail to pay hire: owners’ dilemma finally resolved, but still be careful!

    The downturn in the shipping and offshore sector has spurred a significant number of financial workout and insolvency proceedings over the last years. Wikborg Rein is involved in a significant number of the on-going restructurings within the OSV segment in Norway and also several international companies in the UK, US, Brazil, China and Mexico. The international nature of the shipping and offshore industry may complicate the financial workout when a company goes into distress, however, the global presence of a company may also present opportunities as the rules of statutory debt reorganisations vary.

  • Shipping Offshore

    2016

    Singapore Shipping and Offshore – Restructuring and Reflection

    The downturn in the shipping and offshore sector has spurred a significant number of financial workout and insolvency proceedings over the last years. Wikborg Rein is involved in a significant number of the on-going restructurings within the OSV segment in Norway and also several international companies in the UK, US, Brazil, China and Mexico. The international nature of the shipping and offshore industry may complicate the financial workout when a company goes into distress, however, the global presence of a company may also present opportunities as the rules of statutory debt reorganisations vary.

  • Shipping Offshore

    2016

    Recognition of foreign insolvency proceedings in Norway

    The downturn in the shipping and offshore sector has spurred a significant number of financial workout and insolvency proceedings over the last years. Wikborg Rein is involved in a significant number of the on-going restructurings within the OSV segment in Norway and also several international companies in the UK, US, Brazil, China and Mexico. The international nature of the shipping and offshore industry may complicate the financial workout when a company goes into distress, however, the global presence of a company may also present opportunities as the rules of statutory debt reorganisations vary.

  • Shipping Offshore

    2016

    Forum shopping when restructuring

    The downturn in the shipping and offshore sector has spurred a significant number of financial workout and insolvency proceedings over the last years. Wikborg Rein is involved in a significant number of the on-going restructurings within the OSV segment in Norway and also several international companies in the UK, US, Brazil, China and Mexico. The international nature of the shipping and offshore industry may complicate the financial workout when a company goes into distress, however, the global presence of a company may also present opportunities as the rules of statutory debt reorganisations vary.

  • Shipping Offshore

    2016

    Norway considers ratification of the Nairobi Wreck Removal Convention

    Claims against or from third parties to an agreement containing an arbitration clause often give rise to the question of whether such third parties are bound by, or whether they can invoke, the arbitration clause.

  • Shipping Offshore

    2016

    Arbitration clauses and third parties

    Claims against or from third parties to an agreement containing an arbitration clause often give rise to the question of whether such third parties are bound by, or whether they can invoke, the arbitration clause.

  • Shipping Offshore

    2016

    How not to start an arbitration

    Two recent London decisions have highlighted problems that can be encountered in starting an arbitration.

  • Shipping Offshore, Maritime and Offshore Emergency Response

    2016

    In the spotlight – public investigations in the Norwegian petroleum industry

    The continued market downturn has led to a concern that cost cutting by the offshore industry may lead to a corresponding decline in safety standards. In response to this concern, the Norwegian Petroleum Safety Agency (the “PSA”) have announced that they will increase their audit and investigation activities to ensure that the very high standards of safety expected of companies operating in the Norwegian sector of the North Sea will continue to be adhered to.

  • Shipping Offshore

    2018

    Mediating complex disputes

    Resolving disputes through litigation and arbitration comes at a high cost. Written submissions and preparations, sometimes over several years, lengthy hearings, expert witnesses and arbitrators’ fees, are just a few examples of the many contributors increasing the final bill. And in the end, many complex disputes will end up without any party being awarded costs – if the relevant jurisdiction has limited scope to make such an order. There is however an alternative with increasing popularity; mediation. How do you get the most out of mediation in a complex dispute?

  • Shipping Offshore

    2016

    International arbitration rules – differences matter

    Commercial agreements require careful consideration of the proposed treatment of disputes before they arise. Both the forum for dispute resolution and the rules to be applied should be agreed as part of the contractual negotiation.

  • Shipping Offshore

    2016

    Laying up the lay up agreement

    The first reported London arbitration decision in 2016 raises a number of interesting points in connection with lay up agreements and how much can be claimed for continuing to provide services after the original contract has been terminated.