Maritime and Offshore Emergency Response

  • 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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.