Following the decision by the Norwegian government on 11 October 2024 to accede to the Nairobi Wreck Removal Convention, the Convention will enter into force in Norway on 11 February 2025. It will be given effect not only in Norway's exclusive economic zone, but also in its territorial waters. Norwegian legislation implementing the Convention into Norwegian law will enter into force on the same day as the Convention.

BIMCO’s Documentary Committee has adopted the AUTOSHIPMAN form in response to the growing number of remotely controlled and eventually fully autonomous ships. The form intends to address the specific risks and responsibilities associated with remotely controlled and autonomous ships.

BIMCO has, together with the International Chamber of Shipping, Norway, Bangladesh, India and Pakistan, urged the IMO (International Maritime Organisation) to solve conflicting requirements between the Hong Kong Convention and the Basel Convention ahead of the entry into force of the Hong Kong Convention on 26 June 2025 as currently shipowners and others may potentially be exposed to severe consequences, including criminal liability, when recycling ships in the major ship recycling countries in South Asia such as Bangladesh, India and Pakistan – even if the ships and facilities comply with the Hong Kong Convention. The IMO is looking into it and has asked  the Conference of the Parties to the Basel Convention for clarification.

Lloyd’s Salvage Arbitration Branch has released a new Lloyd’s Open Form of Salvage Agreement (“LOF 2024”), as well as a new Lloyd’s Salvage Arbitration Clause (“LSAC 2024”).

On 4 June 2024 BIMCO released a new version of WRECKSTAGE, which has long been the industry standard agreement for maritime wreck removal projects where the contractor is remunerated on a lump sum basis. Several changes have been made to this new version, the most important being a new optional risk allocation procedure, which is intended to give greater certainty in the allocation of risks. The result is an improved form which will no doubt be warmly welcomed by the industry.

Lloyd's Salvage Arbitration Branch has released a new Lloyd's Open Form of Salvage Agreement ("LOF 2024"), as well as a new Lloyd’s Salvage Arbitration Clause ("LSAC 2024").

The English Court of Appeal has recently rendered judgment in the dispute between salvors and the shipowners as to whether a salvage contract on commercial terms had been made in connection with the re-floating of the “Ever Given” in the Suez Canal in March 2021 (SMIT Salvage & Ors v. Luster Maritime SA & Anr (The Ever Given) [2024] EWCA Civ 260). The judgment illustrates the importance of the parties making clear during negotiations whether they intend to be bound.

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Maritime and Offshore Emergency Response

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Partner

Herman is a partner and head of the firm's Emergency Response Team.

He is admitted to the Norwegian Supreme Court and is member of the Norwegian Bar Association's Legal Committee on Maritime, Air and other Transport Law, including Marine Insurance.

Herman is ranked by Chambers and Partners, Legal 500 and the Norwegian Financial Daily. Legal 500 has described him as "the go-to person for international maritime disputes, specifically casualty claims and marine insurance issues", "always has a practical solution to solve a tricky issue" and that he is "calm, knowledgeable and a steady pair of hands".

He is one of the leading lawyers in international maritime and marine insurance law with more than 20 years of experience. Herman has particular experience with maritime casualties, where he assists Norwegian and international clients, including P&I clubs, hull insurers, shipowners and others in connection with investigation and handling of incidents in Norway and around the world such as salvage, wreck removal, pollution, collisions, groundings, fires and cargo damage. He also assists in the handling of claims and legal proceedings arising out of such incidents. He has extensive experience with cover disputes under P&I, hull, war and cargo insurances, as well as reinsurance, direct actions, jurisdiction and choice of law issues and charterparty disputes. He is one of a few experts on autonomous ships.

Herman has extensive litigation experience as a lawyer and previously as a judge. He has argued several cases for the Norwegian Supreme Court and has acted as a mediator on numerous occasions and is an experienced negotiator.

He has been working out of the firm's offices in Oslo, London and Kobe, Japan. Herman has previously been a judge in Oslo District Court and Drammen District Court, and also research assistant at the Scandinavian Institute of Maritime Law, where he wrote a thesis on charterparties which has been published in the Scandinavian Institute of Maritime Law's law journal. He has a law degree from the University of Oslo and a master's degree in maritime law from King's College London. He has attended Harvard Law School's Program of Instruction for Lawyers (Negotiation).

Herman is frequently speaker at Norwegian and international conferences. He is lecturing at the Nordic Association of Marine Insurers' (Cefor) Claims Forum and has for many years been lecturing at the Scandinavian Institute of Maritime Law. He is regularly publishing maritime and marine insurance law articles in Norwegian and international periodicals. Herman is one of the editors of the firm's Shipping Offshore Update.

Oslo

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Herman is a Partner and Head of the firm's Emergency Response Team.

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