2018

Parties facilitating financing in shipping industry must consider law of transferor’s domicile

15 November 2018. A recent Maritime and Commercial Court case concerned two Danish OW Bunker companies that had given a foreign bank security against their ordinary claims and subsequently became subject to insolvency proceedings. The judgment stressed that parties facilitating financing in the shipping industry must consider the law of the transferor’s domicile and undertake due diligence in accordance with this law in order to protect their interests in the event of the transferor’s insolvency. Read more: Parties facilitating financing in shipping industry

WSCO adds a new chapter on Greenland to the International Comparative Legal Guide – Mining Law 2019

14 November 2018. WSCO has contributed with a chapter on legal rules and regulations for mining in Greenland. Our chapter outlines applicable standards and regulations and contains valuable information on the practical implementation of mining projects in Greenland and the Arctic. The chapter can be read here: Mining Law 2019 Chapter 11-Greenland.

The Danish Subsoil Act has been consolidated

9 November 2018. In June we reported that the Danish 8th oil and gas licensing round had been opened with a deadline for the submission of tenders of 1 February 2019. The exploration and production activities of the oil and gas companies that are awarded licences in the 8th licensing round will be subject to the Danish Subsoil Act (“Undergrundsloven”). The Danish Ministry of Energy, Utilities and Climate has recently issued a new version of the Act, which consolidates the changes to the Act since the most recent consolidation in 2011. We have prepared a briefing note on the Act with a number of references and links that may be of interest to anyone involved in oil and gas on the Danish continental shelf. You can read the note here: Article – consolidated Subsoil Act.

Danish Maritime and Commercial Court decided that it cannot issue injunctions to arrest vessels outside Denmark for unpaid bunkers

12 September 2018. In a recent Maritime and Commercial Court case concerning liability for unpaid bunkers following a charterer’s insolvency, the bunker supplier submitted that the question of whether a vessel can be arrested outside Danish jurisdiction must be decided as a general rule in accordance with the laws and by the courts of the jurisdiction where the arrest is made. The court found that it had  neither pursuant to the Danish Administration of Justice Act nor from any other legal sources any legal basis to set aside the arrest of a vessel effectuated in Argentina as unlawful under Danish law. Read more: Danish_courts_cannot_issue_injunctions_to_arrest_vessels_outside_Denmark_for_unpaid_bunkers

WSCO has advised Federal Government of Canada in connection with its purchase of three icebreakers in a transaction valued at US$ 274 million.

10 September 2018. WSCO has advised the Federal Government of Canada in connection with the closing of a transaction involving the purchase of three medium AHTS icebreakers, Tor Viking, Balder Viking and Vidar Viking. The purchase forms part of the Federal Government’s strategy to renew the Canadian Coast Guard’s aging fleet.  The transaction was closed 5 September at the offices of WSCO. The vessels were prior to closing registered in the Norwegian Ordinary Ship Register and will now be registered with the Canadian Ship Register. The seller is a subsidiary of Viking Supply Ships AB, a Swedish listed ship owning company serving principally the offshore industry. WSCO’s team included Carsten Tolderlund (partner & team lead), David Rubin (partner) Jesper Windahl (partner) and Rósing Rasmussen (assistant attorney). For further information, please contact: Carsten Tolderlund

CMR carrier not liable for theft of tobacco products from trailer

3 September 2018. In a recent Maritime and Commercial Court decision the court found that a CMR-carrier was free of any liability for loss caused due to theft of a consignment of tobacco-products during carriage from Denmark to Spain as the road carrier had not been provided with details of the slot time for delivery: CMR_carrier_not_liable_for_theft_of_tobacco_products_from_trailer

Maritime and Commercial Court finds that stevedore contract exists despite lack of written instructions

27 June 2018. A manufacturer of wind turbine equipment instigated court proceedings before the Maritime and Commercial Court against a port terminal for damage to wind turbine blades. It follows from the judgment that a contract for the performance of stevedore work, including storage, can be deemed to exist irrespective of the fact that no written instructions or booking from a principal has been issued or received. Maritime_and_Commercial_Court_judgment

Review of the EU Machinery Directive from the Commission

18 June 2018. The EU Commission has released a report on its assessment of whether the 2006 Machinery Directive is still fit for purpose. The Directive is highly relevant in a number of manufacturing industries, including those for the energy and offshore markets. You can see our briefing note on this matter here: Article – EU Commission report on the Machinery Directive.

High court rules on significance of CIF clause to jurisdiction dispute

18 April 2018. The High Court of Western Denmark recently decided in favour of a Danish cost insurance and freight (CIF) seller in a jurisdiction dispute involving a Czech buyer. The court found that the CIF clause agreed under the International Commercial Terms 2010 stipulated that the place of delivery under the contract was located in Denmark and that the Danish court seized had enjoyed jurisdiction under the EU Brussels I Regulation. Read more: High_court_rules_on_significance_of_CIF_clause_to_jurisdiction_dispute

Shipping, Offshore and Insurance seminar 2018 in Hamburg

23 March 2018. The law firms of WSCO, Copenhagen and Morssing & Nycander, Stockholm, cordially invite you to the Shipping, Offshore and Insurance seminar 2018 in Hamburg. The seminar integrates German, Swedish and Danish law and business in particular related to maritime transport and offshore. The seminar covers legal presentations concerning offshore contracts and operations, liability under maritime law, insurance and arbitration. Read invitation: Invitation – Hamburg Seminar 2018

Question of jurisdiction for claim against carrier under Brussels I Regulation revisited

23 February 2018. The Supreme Court recently decided a case on appeal from the Maritime and Commercial Court concerning whether the latter had jurisdiction to hear proceedings that a Danish seller had brought against a Dutch terminal and a Danish carrier following a lost food consignment pursuant to Article 8(1) of the Brussels I Regulation. The Supreme Court reversed the Maritime and Commercial Court’s decision and found that the conditions for applying Article 8(1) had been fulfilled. Read More:  Question_of_jurisdiction_for_claim_against_carrier_under_Brussels_I_Regulation_revisited

Course on Danish Oil and Gas Law 2018

20 February 2018. We host an interactive course on Danish oil and gas law in Copenhagen on Thursday 12 April 2018. The course will cover all relevant issues within oil and gas, including those changes to the regulations that took effect on 1 January 2018. Please see the program and further details in the brochure: Danish oil and gas law 2018

International Comparative Legal Guide – Oil and Gas 2018

19 February 2018. WSCO has prepared two chapters in the publication ICLG – Oil and Gas 2018, which gives a good and updated overview of regulations on oil and gas in a number of countries and jurisdictions. The two chapters can be read here: Denmark. Greenland.

Norwegian Continental Shelf – Sale of E&P companies – Decommissioning Liability for Share Sales.

10 February 2018. A regime of alternative liability for a seller of an offshore oil & gas production asset for costs associated with future decommissioning was introduced on the Norwegian Continental Shelf in 2009 with certain revisions having been introduced subsequently. In Denmark, a regime by and large modelled on the Norwegian approach was enacted in 2015, cf. § 29 a of the Danish Subsoil Act. Recently, as a follow-up on a letter from the Norwegian Ministry of Petroleum and Energy (MPE) has introduced new conditions. Read more: Sale of E&P companies – Decommissioning Liability for Share Sale – NCS.

Court examines whether liability for damage to cargo can be limited to $500 per package

7 February 2018. A recent Maritime and Commercial Court case concerned liability for damage to a container transported from Denmark to the United States. The bill of lading included a network liability clause which limited liability to $500 per package when damage or loss occurred during sea carriage or where the damage occurred could not be localised. The court found that the damages had been caused during the land transport leg in the United States and therefore the carrier’s liability could not be limited. Read more: Court examines whether liability for damage to cargo can be limited to 500 per package.

Danish shipping register to become more competitive for non-EU and non-EEA merchant shipowners

10 January 2018. A bill to amend the Danish regulations on the registration of ships under Section 2 of the Merchant Shipping Act was recently passed with the aim of attracting non-EU and non-EEA merchant shipowners and shipping and management companies to the Danish flag. The bill’s main innovations include an increasingly transparent activity requirement, multiple ways of satisfying this requirement and an equal establishment requirement that applies to EU and non-EU shipowners. Read more: Danish shipping register to become more competitive for non-EU and non-EEA merchant shipowners