Norway’s new long term defence plan will most likely lead to several new defence contracts. Contractors entering into such contracts may have to comply with additional contractual and regulatory requirements. This includes the Norwegian Security Act, and its recently revised rules on ownership control.

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.

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.

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.

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.

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.

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.

Offshore

Fisheries and Aquaculture

Contract Law and Construction

Shipping

Dispute Resolution

Partner

Morten has long experience as advisor to clients within the shipping, offshore and energy industry. His practice focuses on commercial advice and dispute resolution. His experience with dispute resolution covers major disputes before ordinary courts and arbitration, including ad hoc and institutional international arbitration. Morten has also substantial experience with military acquisitions. He is board member in the Norwegian Maritime Law Association, Norwegian Branch of CMI.

Morten is recognised by Legal 500 within the areas Maritime Law, Offshore Construction and Shipbuilding as well as Oil and Gas. Morten is ranked as "Next Generation Partner" within Legal 500 Offshore Construction and Shipbuilding;

"Morten Valen Eide is excellent in communication and strategy. His negotiation skills along with his knowledge of international business makes him a strong asset in negotiations."
Legal 500

Bergen

{"title":{"title":"Morten Valen Eide | Wikborg Rein"}}

Morten has long experience as advisor to clients involved in the shipping, offshore and energy industry. His current practice focuses on strategic commercial advice and dispute resolution within the shipping, offshore and energy segment. He is the head of  our Shipping Offshore practice at the Bergen office.