The combination of strong cash flow in the shipping market and continued uncertainty related to regulatory requirements, fuel standards, and sustainability means that the focus on future-proofing investments continue to increase.

In recent years we have seen several court cases relating to claims against shipbrokers arising out of shipping transactions. In a decision in one of those cases earlier this year, the Norwegian Court of Appeal provided useful guidance on liability of shipbrokers, and the duty of care of shipbrokers in shipping transactions.

To meet the demand for the transportation and handling of live fish, fish farmers can either charter well-boats or enter into general contracts for carriage of goods. The type of contract used will determine the shipowners’ possibility to limit liability for loss or damage to live fish during transportation.

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.

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.

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.

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.

Maritime and Offshore Emergency Response

Fisheries and Aquaculture

Contract Law and Construction

Offshore

Dispute Resolution

Shipping

Partner

Stian acts for clients within the shipping, offshore and energy sectors with a particular focus on dispute resolution, and legal, strategic and commercial advice. He acts for shipowners, yards and suppliers within these sectors. He has considerable experience with dispute resolution and regularly assists in disputes both before the ordinary courts and arbitration.

Stian has a Master's degree (LLM) in maritime law from the National University of Singapore.

Bergen

{"title":{"title":"Stian Holm Johannessen | Wikborg Rein"}}

Stian acts for clients within the shipping, offshore and energy sectors with a particular focus on dispute resolution, and legal, strategic and commercial advice.