Gaute Gjelsten

Partner

Gaute Gjelsten is a Partner at Wikborg Rein's Oslo office and Global Head of the firm's Shipping Offshore practice. Gjelsten specialises in international shipping and offshore law, including maritime, energy, insurance and conflict of laws. He has extensive litigation experience before Norwegian courts and in arbitration proceedings. Gjelsten is an examiner and lecturer for the Nordic Institute of Maritime Law and the Institute of Private Law in Oslo, Norway. He has worked at Wikborg Rein's office in London and later managed the firm's office in Kobe, Japan for three years, whilst also acting as Norwegian Consul General for Kobe/Osaka. Gjelsten is recommended by Legal 500 in Dispute Resolution and Maritime Law (including insurance); and Chambers and Partners as "Leaders in their field" in the category: Shipping, Litigation.

2005- Partner, Wikborg Rein, Oslo_NEWLINE_2003-2004 Senior Associate, Wikborg Rein, Oslo_NEWLINE_2000-2002 Norwegian Consul-General, Kobe/Osaka, Japan_NEWLINE_2000-2002 Japan Representative, Wikborg Rein, Kobe, Japan_NEWLINE_1998-1999 Associate, Wikborg Rein, Oslo_NEWLINE_1995-1997 Lecturer, lectures on sale of goods law, contract law and administrative law, University of Oslo_NEWLINE_1994-1995 Assistant Lecturer, Institute of Civil Law, University of Oslo
Litigation, arbitration and dispute resolution, emergency responses and claims handling; in particular in relation to shipping and offshore matters, insurance law, public and private international law and conflicts of law, including i.a._NEWLINE__NEWLINE_"Server" – bulk carrier grounding off Bergen, Norway; oil pollution and wreck removal. Litigation regarding oil clean-up operation, wreck removal, public procurement, VAT claims etc._NEWLINE_"Njord Bravo" – shuttle tanker c/w FSO in North Sea: litigation on i.a. collision liability, knock-for-knock, limitation of liability_NEWLINE_Supreme Court case (Rt. 2012 s. 1486) on the enforcement of an Italian "decreto inguintino" under the Lugano Convention, hereunder successfully distinguished C-474/93 Hengst, and repelled enforcement_NEWLINE_Appeal Court case (LB-2011-118983) on conflicts of laws in guarantee matters; i.a. issues related to choice of law, characterisation, rules on the applicability of the most closely connected law (further appeal was repelled by the Supreme Court)._NEWLINE_"Normand Carrier" – Platform supply vessel c/w tuna purse-seine vessel: litigation on collision liability, damages, loss earnings fisheries_NEWLINE_"Fjord Champion" – oil tanker grounding off Søgne, Norway; fire and salvage. Litigation regarding authorities right to claim compensation._NEWLINE_"Nordlys" – fire on coastal steamer with following flooding at Ålesund, Norway; salvage and claims handling towards authorities._NEWLINE_"Crete Cement" – cement carrier grounded in the Oslo fjord, Norway; oil pollution and wreck removal_NEWLINE_"Bourbon Dolphin" – anchor handling tug supply vessel capsizing off Shetland; sinking, total loss and casualties_NEWLINE_"Rocknes" – laden bulk carrier grounding and capsizing off Bergen, Norway; oil pollution, sinking, re-floating and casualties. Litigation regarding limitation of liability. Litigation regarding governments liability for mistakes made by Norwegian Coastal Administration, the Norwegian Chart Authorities_NEWLINE_"Hual Europe" – laden car carrier grounding off Tokyo Bay, Japan; fire, oil pollution, wreck removal and cargo claims_NEWLINE_"Amorgos" – bulk carrier grounding off Taiwan; sinking and oil pollution. Litigation regarding claim for alleged environmental damage to coral reef, tourist and fishery claims.
Books:_NEWLINE__NEWLINE_"The arbitration exemption in the Lugano Convention – what rules govern which issues?" in Borgar H. Berg and Ola Ø. Nisja (red.), "Avtalt prosess - Voldgift i praksis ("Agreed Process - Arbitration in practice"), Universitetsforlaget 2015_NEWLINE_"Maritime Law Handbook, Norway", Published by: Kluwer Law International, May 2014. Co-author with Henrik Hagberg, Oddbjørn Slinning and Torgeir Willumsen_NEWLINE_"Getting the deal through" for Ship Finance 2014. Co-author with Henrik Hagberg and Solveig Frostad De Sousa_NEWLINE_Norway's contribution of Le Droit Maritime Marocain et comparé, 2014._NEWLINE_Norway's National Summary in William Tetley's Marine Cargo Claims, Fourth Edition, 2008_NEWLINE_Norway's contribution to Limitation of Liabilities for Maritime Claims, Fourth Edition, 2005. Co-author with Haakon Stang Lund_NEWLINE_International jurisdiction clauses and formal requirements under the Lugano Convention and the Norwegian Civil Procedure Act, 1997_NEWLINE__NEWLINE_Selected articles:_NEWLINE__NEWLINE_Global Litigation Survey 2015: Norway's contribution to Allen & Overy Global Litigation Survey 2015_NEWLINE_"New conventions increase direct action threat to P&I clubs", Insuranceday, 3 October 2014_NEWLINE_"Jurisdiction, actions in tort and contract", Norway's contribution to Extraterritorial survey, Norway", IFLR.com, September 2014_NEWLINE_"Knock-for-knock carve-outs on the increase", Tanker Operator, May 2014_NEWLINE_"Gauging risk is key to domino dodging", Fairplay, 3 July 2014_NEWLINE_"Court overturns ruling in tanker collision case", Tanker Shipping & Trade, December/January 2013/2014_NEWLINE_"Case notes for shipowners", World Shipping, Summer 2013_NEWLINE_"Insurance of mobile offshore units under the Nordic Marine Insurance Plan 2013", Insuranceday, 10 July 2013_NEWLINE_"More scrutiny when Norwegian crews are involved", published in Tanker Shipping & Trade, October/November 2012_NEWLINE_"Norwegian Insurance Plan vies with Institute clauses for builders risks …", published in Insurance Day, October 2012_NEWLINE_"Norway adopts casualty investigation changes and ponders ratifying wreck removal convention", article published in Tanker Shipping & Trade, Norway feature, September 2012_NEWLINE_"Legal eagles offer 20/20 foresight", article published in Fairplay, January 2011_NEWLINE_"Limitation of liability for pollution damage for offshore vessels and units in the North Sea (Norwegian Section)", Standard Bulletin, Offshore Special Edition, October 2010_NEWLINE_"Chartering the cause of grounding", article published in the Wire, March 2010_NEWLINE_"Norwegian owners welcome court ruling on tonnage tax", Lloyd’s List, February 2010_NEWLINE_"Owners: know your options if yard runs into cash problems", published in Lloyd's List, October 2008_NEWLINE_Norway ready to update country-old safety act, published in Lloyd's List, January 2008_NEWLINE_"Rocknes – will the state be held ultimately liable", published in Lloyd's List, June 2007_NEWLINE_"Classification Society Liability", article published in the Intermediary, September 2006_NEWLINE_"Understanding Fraud" – How Norwegian and English law differ in their handling of fraudulent marine insurance claims, published in Maritime Risk International, June 2006_NEWLINE_"Norway ratifies the HNS Convention", Maritime Risk International, Mars 2005_NEWLINE_YAR 1994 v 2004, the Maritime Advocate, 2004
The Norwegian Maritime Law Association, Member of the Board_NEWLINE_
2000 Practising Certificate_NEWLINE_1997 Cand. jur., University of Oslo