Shipping Offshore

  • Shipping Offshore

    2018

    Legal digital innovation: The future is here

    For Wikborg Rein, digital innovation means implementing solutions that eliminates labour intensive tasks to the clients benefit. Multiple documents can be analysed and categorized far more efficiently by AI-driven systems.

  • Shipping Offshore

    2018

    Wikborg Rein appoints two new partners in London

    We have appointed two new partners to our Shipping, Trade, Energy & Infrastructure team in London.

  • Shipping Offshore

    2018

    New emission regulations in shipping

    The push for the international shipping industry­ to reduce its role in global air emissions has resulted in new environmental rules and regulation being introduced at an accelerated pace.

  • Shipping Offshore

    2018

    Ballast water – managing risks of zoological pollution

    Zoological pollution is becoming an increasing concern for commercial shipping worldwide. The threat of invasive species spreading through the intake and discharge of ballast water has resulted in the IMO adopting the International Convention for the Control and Management of Ships’ Ballast Water and Sediments in force as of 8th of September 2017 (the “Convention”).

  • Shipping Offshore

    2018

    Green funding for shipping in the Norwegian Capital Markets

    The Norwegian capital markets have been and continue to be attractive and a widely used sources of equity and debt funding for shipping and offshore companies from around the globe.

  • Shipping Offshore

    2018

    Support schemes for green and sustainable shipping in Norway

    The Norwegian government has on several occasions reiterated how green solutions within shipping and the maritime industry are of high importance and its ambition that Norway should be front-runner in developments of green technology and low-emission solutions.

  • Shipping Offshore

    2018

    Retrofits – the approach to innovative technology and new equipment

    A ship’s life cycle ends with it being dismantled and recycled. Up to 95 % of a ship’s weight is made up of steel, which can be sold and reused. A modern ­recycling process, which also includes the recycling of other materials, can be very efficient and is a positive step towards a greener shipping industry.

  • Shipping Offshore

    2018

    Recycling – where ships go to die

    A ship’s life cycle ends with it being dismantled and recycled. Up to 95 % of a ship’s weight is made up of steel, which can be sold and reused. A modern ­recycling process, which also includes the recycling of other materials, can be very efficient and is a positive step towards a greener shipping industry.

  • Shipping Offshore

    2018

    Who’s liable anyway? – Allocation of liability in Maritime Environmental Law

    Regulation of environmental­ liability in a maritime context first received international attention in the aftermath of the Torrey Canyon and Exxon Valdez incidents.

  • Shipping Offshore

    2018

    Who’s liable anyway? – Allocation of liability in Maritime Environmental Law

    Regulation of environmental­ liability in a maritime context first received international attention in the aftermath of the Torrey Canyon and Exxon Valdez incidents.

  • Shipping Offshore

    2018

    Recycling – where ships go to die

    A ship’s life cycle ends with it being dismantled and recycled. Up to 95 % of a ship’s weight is made up of steel, which can be sold and reused. A modern ­recycling process, which also includes the recycling of other materials, can be very efficient and is a positive step towards a greener shipping industry.

  • Shipping Offshore

    2018

    Retrofits – the approach to innovative technology and new equipment

    With a general trend towards a more technologically advanced and “greener” shipping fleet, many ship owners are looking to retrofit new equipment on their vessels.

  • Shipping Offshore

    2018

    Support schemes for green and sustainable shipping in Norway

    The Norwegian government has on several occasions reiterated how green solutions within shipping and the maritime industry are of high importance and its ambition that Norway should be front-runner in developments of green technology and low-emission solutions.

  • Shipping Offshore

    2018

    Green funding for shipping in the Norwegian Capital Markets

    The Norwegian capital markets have been and continue to be attractive and a widely used sources of equity and debt funding for shipping and offshore companies from around the globe.

  • Shipping Offshore

    2018

    Ballast water – managing risks of zoological pollution

    Zoological pollution is becoming an increasing concern for commercial shipping worldwide. The threat of invasive species spreading through the intake and discharge of ballast water has resulted in the IMO adopting the International Convention for the Control and Management of Ships’ Ballast Water and Sediments in force as of 8th of September 2017 (the “Convention”).

  • Shipping Offshore

    2018

    New emission regulations in shipping

    The push for the international shipping industry­ to reduce its role in global air emissions has resulted in new environmental rules and regulation being introduced at an accelerated pace.

  • Shipping Offshore

    2018

    Who bears the risk of concurrent delay?

    The English Court of Appeal has now spoken.

  • Shipping Offshore

    2018

    ESA has closed its assessment of the Norwegian International Ship Register

    In 2014, ESA commenced an audit of the Norwegian International Ship Register. Subsequently, the EFTA Surveillance Authority (the “ESA”) opened a case against Norway for a possible breach of the EEA Agreement. The case concerned a geographical trade limitation applicable to ships flying the flag of the Norwegian International Ship Register.

  • Shipping Offshore

    2018

    Chinese financial leasing – an increasingly viable alternative to bank debt for a capital intensive industry

    Shipowners require vast amounts of liquidity in order to fund the CAPEX costs of acquiring new and second-hand tonnage as well as to fund their operations on a day to day basis and Chinese lease finance offers an increasingly viable alternative to the more traditional bank finance that shipowners have traditionally relied on.

  • Shipping Offshore

    2018

    The Inter-Club Agreement – A "NO FAULT" REGIME?

    In Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Ltd [2017] EWCA Civ 2107 the Court of Appeal recently provided important clarification in relation to the apportionment of liability for cargo claims as between shipowners and charterers under the Inter-Club Agreement ("the ICA").

  • Shipping Offshore

    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

    2018

    New FIDIC Yellow Book

    In December 2017, FIDIC launched the second editions of its Red, Yellow and Silver Books to reflect legal and practical developments since the first editions were issued in 1999. In this article we will look at the key changes introduced to the FIDIC Yellow Book, which is widely used in offshore projects.

  • Shipping Offshore

    2018

    Letters of indemnity for delivery of cargo without production of a bill of lading

    In the SONGA WINDS [2018] EWHC 397, The High Court, London decides that LOIs requesting delivery without production of bills of lading to an intermediate trader of the cargo are still triggered even though delivery was to the trader's buyer.

  • Shipping Offshore

    2018

    High chairs and high stakes: Limitation of liability clauses in Norwegian law offshore contracts

    Disputes are expensive, particularly those involving large construction projects where there may have been changes to the scope of work and cost overruns. Contractors therefore face a difficult choice when trying to close the final account, either negotiating a resolution on any terms available or funding litigation which they may not be able to afford.

  • Shipping Offshore

    2018

    US withdrawal from the Iran Nuclear Deal – what now for shipping and maritime trade with Iran?

    On 8 May 2018, President Trump announced that he was withdrawing the US from the Iran Nuclear Deal, otherwise known as the Joint Comprehensive Plan of Action ("JCPOA"). The US sanctions regime is now likely to return to the state it was in before the JCPOA, with clear ramifications for shipping and maritime trade with Iran.

  • Shipping Offshore

    2018

    BARECON 2017 – a broad brush revision of a widely used form

    BIMCO has today, 13 December, released the new BARECON 2017 – a revision of its 16 year old predecessor BARECON 2001. This represents an important update to one of the most commonly used maritime contracts – regularly applied for all types of maritime assets across all sectors in the shipping and offshore industries.

  • Shipping Offshore

    2018

    US withdrawal from the Iran Nuclear Deal – what now for shipping and maritime trade with Iran?

    On 8 May 2018, President Trump announced that he was withdrawing the US from the Iran Nuclear Deal, otherwise known as the Joint Comprehensive Plan of Action ("JCPOA"). The US sanctions regime is now likely to return to the state it was in before the JCPOA, with clear ramifications for shipping and maritime trade with Iran.

  • Shipping Offshore

    2018

    High chairs and high stakes: Limitation of liability clauses in Norwegian law offshore contracts

    Disputes are expensive, particularly those involving large construction projects where there may have been changes to the scope of work and cost overruns. Contractors therefore face a difficult choice when trying to close the final account, either negotiating a resolution on any terms available or funding litigation which they may not be able to afford.

  • Shipping Offshore

    2018

    Letters of indemnity for delivery of cargo without production of a bill of lading

    In the SONGA WINDS [2018] EWHC 397, The High Court, London decides that LOIs requesting delivery without production of bills of lading to an intermediate trader of the cargo are still triggered even though delivery was to the trader's buyer.

  • Shipping Offshore

    2018

    New FIDIC Yellow Book

    In December 2017, FIDIC launched the second editions of its Red, Yellow and Silver Books to reflect legal and practical developments since the first editions were issued in 1999. In this article we will look at the key changes introduced to the FIDIC Yellow Book, which is widely used in offshore projects.

  • Shipping Offshore

    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

    2018

    The Inter-Club Agreement – A "NO FAULT" REGIME?

    In Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Ltd [2017] EWCA Civ 2107 the Court of Appeal recently provided important clarification in relation to the apportionment of liability for cargo claims as between shipowners and charterers under the Inter-Club Agreement ("the ICA").

  • Shipping Offshore

    2018

    Chinese financial leasing – an increasingly viable alternative to bank debt for a capital intensive industry

    Shipowners require vast amounts of liquidity in order to fund the CAPEX costs of acquiring new and second-hand tonnage as well as to fund their operations on a day to day basis and Chinese lease finance offers an increasingly viable alternative to the more traditional bank finance that shipowners have traditionally relied on.

  • Shipping Offshore

    2018

    ESA has closed its assessment of the Norwegian International Ship Register

    In 2014, ESA commenced an audit of the Norwegian International Ship Register. Subsequently, the EFTA Surveillance Authority (the “ESA”) opened a case against Norway for a possible breach of the EEA Agreement. The case concerned a geographical trade limitation applicable to ships flying the flag of the Norwegian International Ship Register.

  • Shipping Offshore

    2018

    Les vår Shipping Offshore Update June 2018

  • Shipping Offshore

    2018

    Norwegian Supreme Court strikes a blow against forum shopping in direct action

    In a landmark decision (HR-2018-869-A), 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

    2018

    Wikborg Rein assisted Songa Bulk in its combination with Star Bulk

    Wikborg Rein assisted Songa Bulk ASA (OSE: SBULK) in its transaction to combine its fleet with Star Bulk Carriers Corp. (NASDAQ: SBLK) against consideration in shares of Star bulk and cash.

  • Shipping Offshore

    2018

    Slik seiler Nina til topps i shippingbransjen

    Nina M. Hanevold-Sandvik (35) satset egentlig på å følge i fars fotspor og bli diplomat. Men etter at hun tok faget sjørett under utenlandsstudier, valgte hun en karriere innenfor maritim jus isteden. I Wikborg Rein jobber hun- i tverrsnittet mellom shipping og jus – to tradisjonelt mannsdominerte bransjer, og ble i fjor listet som en av «10 women to watch» av YoungShip. I denne artikkelen deler Nina sine beste tips for å lykkes i bransjen.

  • Shipping Offshore

    2018

    BAREBOAT CHARTERS – charterer’s maintenance and redelivery obligations

    Difficult market conditions motivate cost savings wherever possible and this includes expenditure relating to the general maintenance of vessels. There has been an increase in disputes concerning the condition of vessels at the time of redelivery under a bareboat charter. Questions arise as to what is the charterers’ duty of maintenance under a bareboat charter and how can the parties best position themselves to avoid disputes?

  • Shipping Offshore

    2018

    Mediating complex disputes

    Resolving disputes through litigation and arbitration comes at a high cost. Written submissions and preparations, sometimes over several years, lengthy hearings, expert witnesses and arbitrators’ fees, are just a few examples of the many contributors increasing the final bill. And in the end, many complex disputes will end up without any party being awarded costs – if the relevant jurisdiction has limited scope to make such an order. There is however an alternative with increasing popularity; mediation. How do you get the most out of mediation in a complex dispute?

  • Shipping Offshore

    2018

    Mediating complex disputes

    Resolving disputes through litigation and arbitration comes at a high cost. Written submissions and preparations, sometimes over several years, lengthy hearings, expert witnesses and arbitrators’ fees, are just a few examples of the many contributors increasing the final bill. And in the end, many complex disputes will end up without any party being awarded costs – if the relevant jurisdiction has limited scope to make such an order. There is however an alternative with increasing popularity; mediation. How do you get the most out of mediation in a complex dispute?

  • Shipping Offshore

    2018

  • Shipping Offshore

    2018

    Les vår Shipping Offshore Update Desember 2016

  • Shipping Offshore

    2018

    Dismantling of offshore units

    The number of offshore drilling and production units due to retire has grown substantially as a result of the reduction in drilling activity and the challenge of dismantling offshore units has become increasingly relevant for owners and operators. Cost, liability, selection of a recycling or scrapping yard, as well as corporate social responsibility, are just some of the considerations an owner needs to bear in mind when considering scrapping offshore units.

  • Shipping Offshore

    2018

    Getting ready for the recovery

    It has been a brutal few years in the shipping and offshore markets with over-capacity, declining demand and the dramatic fall in the oil price, all contributing to historically low charter rates and plummeting asset values. It is no wonder that owners and operators in these markets have adopted defensive strategies in recent years.

  • Shipping Offshore

    2018

    Risks of deliberately delaying discharge

    A recent Commercial Court decision in Transgrain Shipping (Singapore) Pte Ltd -v- Yangtze Navigation (Hong Kong) Co Ltd [2016] EWHC 3132 (Comm), has held that a charterer is 100% responsible under the Inter-Club Agreement for damage to cargo arising from an order to the vessel to delay discharge until the receivers were able to pay for the cargo.

  • Shipping Offshore

    2018

    New realities for LNG carrier time charters

    In keeping pace with the changing sentiment and nature of the LNG sector, the traditional long term LNG time charter market is evolving and charter periods are becoming shorter. This trend has a number of commercial, financial and legal implications which we consider in this article.

  • Shipping Offshore

    2018

    Commercial Arbitration in Africa

    Historically, most commercial arbitrations involving African parties have been resolved by non-African tribunals in places far from the African continent. As commercial disputes involving African parties have become more frequent, a new generation of arbitration institutes may result in an increase of arbitrations in Africa.

  • Shipping Offshore

    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

    2018

    Recycling of ships – what is the legal status?

    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

    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

    2018

    Les vår Shipping Offshore Update Nor-Shipping Mai 2017

  • Shipping Offshore

    2018

    The New Flamenco – the Supreme Court dances in a different direction

    In the Court of Appeal ([2016] 1 LLR 383), time-charterers of the New Flamenco successfully overturned the High Court judgment against them, reinstating the arbitration award in their favour. The question was whether charterers liability for loss of profit should be extinguished by the profit that owners were able to make in selling the vessel earlier than would have been the case because of charterers’ repudiation.

  • Shipping Offshore

    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

    2018

    Update on Independent Guarantees under Chinese law

    In China, independent guarantees are widely used. However, until recently there has been little or no guidance under Chinese law as to how these guarantees are to be interpreted.

  • Shipping Offshore

    2018

    A choice with consequences – progressive title transfer versus refund guarantees

    Irrespective of how the construction of a vessel is financed, the yard and its financiers will require that the buyer prepays a percentage of the contract price prior to delivery. This prepayment may be lost to the buyer if proper security for that prepayment is not put in place. Provision of refund guarantees is the most common way this is achieved, but progressive title transfer may in some cases be an alternative method for securing the buyer’s position.

  • Shipping Offshore

    2018

    “Export financing” for non-export shipbuilding

    In its recent National Budget Proposal for 2018, the Government has proposed a NOK 10 billion state loan and guarantee program for the construction of vessels at Norwegian shipyards intended for use in Norway.

  • Shipping Offshore

    2018

    CARGO CONSIDERATIONS - owners’ lien on cargo

    In another cargo-related development, the English High Court has confirmed when it will order the sale of liened cargo which is the subject of arbitration proceedings.

  • Shipping Offshore

    2018

    Management of foreign owned ships in the NIS

    In some transactions a non-Norwegian company may wish to register its ship in the Norwegian International Ship Register (“NIS”). This can only be done if the ship is managed by a shipping company who has its head office in Norway. This requirement has a bearing on the contractual structures and financing schemes that can be put in place and also raises issues concerning enforcement.

  • Shipping Offshore

    2018

    Autonomous vessels and the digital future

    With reports that the first fully automated cargo ship will be launched in 2018 and, after a period of manned operation, will begin operating fully autonomously by 2020, the unmanned future for vessels appears to be just over the horizon. The success of such a technological leap will depend on public perception being able to adapt and accept unmanned vessels. It will also require applicable laws and regulations to be rewritten.

  • Shipping Offshore

    2018

    Third party funding of disputes

    Disputes are expensive particularly when involve large construction projects where there have been changes to the scope of work and cost overruns. Contractors face a difficult choice when trying to close the final account of either negotiating a resolution on any terms available or funding litigation which they cannot afford.

  • Shipping Offshore

    2018

    An overview of the health, safety and environmental regime in Nigeria’s offshore oil and gas sector

    As a result of tightening up of the health, safety and environment (HSE) standards applicable to Nigeria’s offshore oil and gas sector, operating companies embarking on new projects in Nigerian waters need to carefully assess the risk and financial burden of these new requirements before committing themselves or their assets to these projects.

  • Shipping Offshore

    2018

    Who bears the risk of concurrent delay?

    A recent decision of the English Court has endorsed a decision by parties to “contract out” of responsibility for concurrent delay. This decision is important because, where parties agree to “contract out” of this responsibility, contractors may not be able to rely on the prevention principle as grounds for obtaining an extension of time for delay in construction contracts.

  • Shipping Offshore

    2018

    Bareboat registration in and out of Norwegian Ship Registries

    On 5 December 2017 the Norwegian Ministry of Trade, Industry and Fisheries issued a consultation paper with proposed changes to the legislation for registrations of vessels in the Norwegian International Ship Registry (NIS) and the Norwegian Ordinary Ship Registry (NOR). The two Norwegian Ship Registries does not currently allow bareboat registration of vessels, but the proposal suggests to open up for such registration both into and out of NIS and NOR. The proposal is intended to meet the practical needs of the maritime industry and make the rules for vessel registration in Norway more flexible and internationally competitive.

  • Shipping Offshore

    2018

    BARECON 2017 – a broad brush revision of a widely used form

    BIMCO has today, 13 December, released the new BARECON 2017 – a revision of its 16 year old predecessor BARECON 2001. This represents an important update to one of the most commonly used maritime contracts – regularly applied for all types of maritime assets across all sectors in the shipping and offshore industries.

  • Shipping Offshore,Skatterett

    2018

    ESA godkjenner den justert rederiskatteordning

    ESA har nå godkjent regjeringens forslag til rederiskatteordning for de neste 10 årene, regnet fra 1. januar 2018. De faktiske lovendringene vil Finansdepartementet foreslå i løpet av våren 2018.

  • Shipping Offshore

    2018

    New Proposed Program for Offshore Drilling in the US

    On January 4, 2018, the Trump administration unveiled a draft program for increased development of U.S. offshore oil and gas resources. The 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program (the "DPP") calls for the Bureau of Ocean Energy Management to offer leases for offshore acreage in 25 regions along America's coast. If instituted, the DPP would open up almost the entirety of the U.S. continental shelf to drilling (see map below):

  • Shipping Offshore

    2017

    Who bears the risk of concurrent delay?

    A recent decision of the English Court has endorsed a decision by parties to “contract out” of responsibility for concurrent delay. This decision is important because, where parties agree to “contract out” of this responsibility, contractors may not be able to rely on the prevention principle as grounds for obtaining an extension of time for delay in construction contracts.

  • Shipping Offshore

    2017

    An overview of the health, safety and environmental regime in Nigeria’s offshore oil and gas sector

    As a result of tightening up of the health, safety and environment (HSE) standards applicable to Nigeria’s offshore oil and gas sector, operating companies embarking on new projects in Nigerian waters need to carefully assess the risk and financial burden of these new requirements before committing themselves or their assets to these projects.

  • Shipping Offshore

    2017

    Third party funding of disputes

    Disputes are expensive particularly when involve large construction projects where there have been changes to the scope of work and cost overruns. Contractors face a difficult choice when trying to close the final account of either negotiating a resolution on any terms available or funding litigation which they cannot afford.

  • Shipping Offshore

    2017

    Autonomous vessels and the digital future

    With reports that the first fully automated cargo ship will be launched in 2018 and, after a period of manned operation, will begin operating fully autonomously by 2020, the unmanned future for vessels appears to be just over the horizon. The success of such a technological leap will depend on public perception being able to adapt and accept unmanned vessels. It will also require applicable laws and regulations to be rewritten.

  • Shipping Offshore

    2017

    Management of foreign owned ships in the NIS

    In some transactions a non-Norwegian company may wish to register its ship in the Norwegian International Ship Register (“NIS”). This can only be done if the ship is managed by a shipping company who has its head office in Norway. This requirement has a bearing on the contractual structures and financing schemes that can be put in place and also raises issues concerning enforcement.

  • Shipping Offshore

    2017

    Cargo considerations - owners’ lien on cargo

    In another cargo-related development, the English High Court has confirmed when it will order the sale of liened cargo which is the subject of arbitration proceedings.

  • Shipping Offshore

    2017

    Cargo considerations - Protection given by letters of indemnity

    When delivering cargo in the absence of original bills of lading owners should take care to ensure that the terms of the Letter of Indemnity are drafted carefully.

  • Shipping Offshore

    2017

    Norwegian National Budget Proposal 2018: “Export financing” for non-export shipbuilding

    In its recent National Budget Proposal for 2018, the Government has proposed a NOK 10 billion state loan and guarantee program for the construction of vessels at Norwegian shipyards intended for use in Norway.

  • Shipping Offshore

    2017

    A choice with consequences – progressive title transfer versus refund guarantees

    Irrespective of how the construction of a vessel is financed, the yard and its financiers will require that the buyer prepays a percentage of the contract price prior to delivery. This prepayment may be lost to the buyer if proper security for that prepayment is not put in place. Provision of refund guarantees is the most common way this is achieved, but progressive title transfer may in some cases be an alternative method for securing the buyer’s position.

  • Shipping Offshore

    2017

    Update on Independent Guarantees under Chinese law

    In China, independent guarantees are widely used. However, until recently there has been little or no guidance under Chinese law as to how these guarantees are to be interpreted.

  • Shipping Offshore

    2017

    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

    2017

    The New Flamenco – the Supreme Court dances in a different direction

    In the Court of Appeal ([2016] 1 LLR 383), time-charterers of the New Flamenco successfully overturned the High Court judgment against them, reinstating the arbitration award in their favour. The question was whether charterers liability for loss of profit should be extinguished by the profit that owners were able to make in selling the vessel earlier than would have been the case because of charterers’ repudiation.

  • Shipping Offshore

    2017

    Fit for purpose provisions in offshore wind construction and installation contracts

    In the last couple of years two cases have been heard by the English Courts which consider the meaning and scope of fitness for purpose provisions in offshore wind construction and installation contracts. Although similar in some respects the cases differ both factually and legally but demonstrate the type of issues contractors can face in relation to offshore wind construction contracts and renewables projects more generally.

  • Shipping Offshore

    2017

    Innovation within marine renewables

    Marine renewables is still a relatively young industry and provides a setting where innovative thinking and entrepreneurship can and does flourish.

  • Shipping Offshore

    2017

    Innovation within marine renewables

    Marine renewables is still a relatively young industry and provides a setting where innovative thinking and entrepreneurship can and does flourish.

  • Shipping Offshore

    2017

    BIMCO windtime

    The installation and maintenance of offshore wind farms require personnel and equipment which has to be transported to and from offshore sites. Specialised vessels, typically small monohulls or catamaran vessels that carry up to 12 passengers, offer such ­services.

  • Shipping Offshore

    2017

    BIMCO windtime

    The installation and maintenance of offshore wind farms require personnel and equipment which has to be transported to and from offshore sites. Specialised vessels, typically small monohulls or catamaran vessels that carry up to 12 passengers, offer such ­services.

  • Shipping Offshore

    2017

    FIDIC – the potential pitfalls moving from onshore to offshore

    There is no standard contract in use in offshore construction projects.

  • Shipping Offshore

    2017

    FIDIC – the potential pitfalls moving from onshore to offshore

    There is no standard contract in use in offshore construction projects.

  • Shipping Offshore

    2017

    Contracting in the marine renewables industry

    Contracts within the marine renewables industry often offer interesting opportunities for owners of offshore and installation vessels traditionally operating within the offshore oil and gas space.

  • Shipping Offshore

    2017

    Contracting in the marine renewables industry

    Contracts within the marine renewables industry often offer interesting opportunities for owners of offshore and installation vessels traditionally operating within the offshore oil and gas space.

  • Shipping Offshore

    2017

    NORWAY: Future hub for funding of green projects?

    Norwegian financial institutions, investment banks and governmental funding institutions have played a ­significant role in the growth of the shipping and offshore industry, developing a tradition of close partnerships with Norwegian industrial entrepreneurs.

  • Shipping Offshore

    2017

    NORWAY: Future hub for funding of green projects?

    Norwegian financial institutions, investment banks and governmental funding institutions have played a ­significant role in the growth of the shipping and offshore industry, developing a tradition of close partnerships with Norwegian industrial entrepreneurs.

  • Shipping Offshore

    2017

    CHINA: Opportunities in an emerging wind jurisdiction

    China’s demand for electricity­ continues to grow voraciously and whilst China’s energy supply continues­ to be dominated by coal fired power ­stations, more recently the Chinese ­government has shown a stronger commitment towards using renewable sources of energy.

  • Shipping Offshore

    2017

    China: Opportunities in an emerging wind jurisdiction

    China’s demand for electricity­ continues to grow voraciously and whilst China’s energy supply continues­ to be dominated by coal fired power ­stations, more recently the Chinese ­government has shown a stronger commitment towards using renewable sources of energy.

  • Shipping Offshore

    2017

    Policy framework for the offshore wind industry

    The policy framework for the offshore wind industry has to a large extent been linked to available government support schemes. The industry is however evolving quickly and ­growing larger by the day and the level of subsidies is dropping. A current trend seen in all major markets is an ongoing shift from feed-in-tariff and certificate based systems, to more competitive auctions often involving Contracts for Difference (CFDs). The main reason for this shift is cost reductions made possible due to factors such as industry maturity, rapid technology advancement, economies of scale and political cycle.

  • Shipping Offshore

    2017

    Policy framework for the offshore wind industry

    The policy framework for the offshore wind industry has to a large extent been linked to available government support schemes. The industry is however evolving quickly and ­growing larger by the day and the level of subsidies is dropping. A current trend seen in all major markets is an ongoing shift from feed-in-tariff and certificate based systems, to more competitive auctions often involving Contracts for Difference (CFDs). The main reason for this shift is cost reductions made possible due to factors such as industry maturity, rapid technology advancement, economies of scale and political cycle.

  • Shipping Offshore

    2017

    Les vår Global Offshore Project - Marine Renewables

  • Shipping Offshore

    2017

  • Shipping Offshore

    2017

    Getting ready for the recovery

    It has been a brutal few years in the shipping and offshore markets with over-capacity, declining demand and the dramatic fall in the oil price, all contributing to historically low charter rates and plummeting asset values. It is no wonder that owners and operators in these markets have adopted defensive strategies in recent years.

  • Shipping Offshore

    2017

    Dismantling of offshore units

    The number of offshore drilling and production units due to retire has grown substantially as a result of the reduction in drilling activity and the challenge of dismantling offshore units has become increasingly relevant for owners and operators. Cost, liability, selection of a recycling or scrapping yard, as well as corporate social responsibility, are just some of the considerations an owner needs to bear in mind when considering scrapping offshore units.

  • Shipping Offshore

    2017

    Commercial Arbitration in Africa

    Historically, most commercial arbitrations involving African parties have been resolved by non-African tribunals in places far from the African continent. As commercial disputes involving African parties have become more frequent, a new generation of arbitration institutes may result in an increase of arbitrations in Africa.

  • Shipping Offshore

    2017

    New realities for LNG carrier time charters

    In keeping pace with the changing sentiment and nature of the LNG sector, the traditional long term LNG time charter market is evolving and charter periods are becoming shorter. This trend has a number of commercial, financial and legal implications which we consider in this article.