2019

New economic model being tested for offshore wind in Denmark

15 November 2019. The Danish Energy Agency has today published details of the economic model that will apply in the upcoming tender for the Thor offshore wind farm. We have prepared a briefing note with a summary of the terms of the subsidy scheme. The briefing note can be read here:Article – New economic model for the Thor wind farm.

Offshore contracts – the fundamental problem

5 November 2019. We have prepared an article about the fundamental problem that again and again leads to disagreement between customer and supplier, not least within offshore contracts: what is really the duties of the supplier – what is he to deliver, what are his responsibilities, and how will the supplier get paid. On the basis of a small matrix we offer some advice that hopefully can assist in limiting the number of disagreements in offshore contracts. The article can be read here: Article – Contracts – The Fundamental Problem.

Approval of two transit gas pipeline projects: Baltic Pipe and Nord Stream 2

31 October 2019. Within this week, the Danish authorities have approved the routes etc. of two different offshore natural gas pipeline projects, the Baltic Pipe project and the Nord Stream 2 project, which cross the Danish sea territory and Continental Shelf, respectively. We have prepared a briefing note that describes the background of the projects and the decisions of the Danish authorities. The note can be read here: Article – Baltic Pipe and Nord Stream 2 approved.

Seminar 25 November 2019 on offshore wind contracts and financing

25 October 2019. WSCO is hosting an informal seminar with speakers from Ørsted, DNV GL, EKF and Winston & Strawn LLP on Monday 25 November 2019 from 3.30pm – 6pm. The topics are the regulatory frameworks in Denmark and the U.S., financing of offshore wind projects based on the Hornsea 1 case, international contracting and negotiations with a focus on the U.S. market, and an overview of the development of offshore wind globally. After the speeches WSCO hosts a drinks reception. The event is free however prior registration is necessary. Please see details here: Invitation to seminar 25 November 2019 at WSCO law firm.

Offshore wind – new procedures for environmental impact assessments and other permits

18 October 2019. The Danish Energy Agency has in September and October 2019 issued new procedures for strategic environmental assessments (SEA’s) and environmental impact assessments (EIA’s) in offshore wind project pursuant to the open door procedure and the tendering procedure. We have prepared a memorandum in English concerning these changes, and the memo can be read here: Article – new procedures for SEA’s and EIA’s in offshore wind.

Changes to the Danish Natural Gas Supply Act due to Nord Stream 2 and the interim close-down of the Tyra gas field

10 October 2019. The minister of Climate, Energy and Supplies has brought forward a proposal on amendments to the Danish legal framework for natural gas. We have prepared a three-page summary in English of these proposed changes, and you can read the memorandum here: Article – changes to the gas supply legal framework.

New interesting judgement on liability from the Danish Supreme Court

3 October 2019. The Supreme Court recently handed down a decision concerning the liability of a main contractor for the negligent acts of a subcontractor when performing steered under-drilling during excavation work. We have prepared a briefing note with the main points from the ruling and our assessment of the findings. You can see the briefing note in English here: Article – New Judgement on Liability from the DK Supreme Court.

Changes to the rules on third party access to oil and gas facilities in the Danish sector of the North Sea

22 August 2019. The Danish Energy Agency has issued an Executive Order with certain amendments to the rules on third party access to the oil and gas facilities in the Danish sector of the North Sea. We have prepared a briefing note with the background and impact of the changes, which can be read here: Article – new Order on third party access

“Thor” offshore wind farm

20 August 2019. Energinet has started pre-investigations for the tender and establishment of the offshore wind farm “Thor” (minimum 800 MW) in the waters 20 km outside of Thorsminde in Western Jutland. We have prepared a briefing note on the project, tendering conditions and the Danish government’s plans for the establishment of a total of 3 larger offshore wind farms in Denmark before 2030. The briefing note can be read here:  Article – Thor offshore wind park – status August 2019.

Direct action, choice of law and time limitation

31 July 2019. The Maritime and Commercial High Court recently examined a direct action claim against a Dutch freight liability insurer in a carriage of goods by road dispute involving a bankrupt carrier and a Danish manufacturer of cigarettes. The premise relied on by the court in this matter, if not appealed, may seem ripe to undermine some insurance policies between liability insurers and international carriers, including proper law provisions and time limitation under a policy. Direct action choice of law and time limitation

Course in offshore contracts on 18 September 2019

10 July 2019. We offer a practical and intensive course in offshore contracts updated with the most recent trends. The course is especially relevant for technical managers, project leaders and staff within business development and sales. Focus is on oil and gas but the course will also be relevant within offshore wind. It is based on many years of experience within both segments of the offshore industry. The course is held in collaboration with the Danish Export Association and the programme, price etc. kan be seen here.

Carrier unable to prove delivery of cargo as transport document had not been signed

29 May 2019. A recent Maritime and Commercial Court decision in which a carrier was found liable for a missing delivery underlines the importance of getting transport documents signed as a receipt for goods delivered. A signed transport document is the carrier’s proof of delivery. Hence, in case of doubt as to whether delivery has taken place, the transport document serves as compelling evidence. Read more: Sign on the dotted line – importance of signing transport documents

Carrier subject to unlimited liability for theft of products from trailer

20 March 2019. A recent Maritime and Commercial Court ruling highlights that a carrier may be exposed to unlimited liability for loss resulting from a failure to adhere to a shipper’s demands regarding special precautions, even when these demands do not follow from the parties overall cooperation agreement. The case concerned PS4 consoles which were stolen during transportation after the exporter failed to inform the carrier that the consignment was theft sensitive. Read more: Carrier subject to unlimited liability for theft of products from trailer

2019 Nordic-German law seminar in shipping, offshore and insurance – Hamburg 10 April 2019

We are again this year hosting our traditional, annual Nordic-German law seminar at the Hotel Atlantic Kempinski in Hamburg. The event is held on 10 April 2019 in collaboration with Morssing & Nycander law firm with hot topics in shipping, offshore and insurance. As always, the focus of the event is on Nordic-German exchange of experiences and the event provides excellent networking opportunities between the Nordic and German regions. We would be delighted to see you at the event.  The seminar is free and you can see the program and invitation here, where you can also register: https://nordicgermanlawseminar.com/

Proposals for amendments to the Danish Subsoil Act

11 March 2019. The Minister for Enery, Utilities and Climate has brought forward proposals for changing the Subsoil Act on 27 February 2019. The proposals specifically concern indirect, subsidiary liability, the possibility for dispensations from the rules of subsididary liability, rules for submission of information from the licensees as well as a number of more technical amendments. The rules are expected to enter into force on 1 July 2019. We have prepared a briefing note on the proposed changes, which can be seen here: Amendments to the Subsoil Act – March 2019.

Commercial manager not responsible for bunker oil pollution damage under bunker convention

20 February 2019. The International Convention on Civil Liability for Bunker Oil Pollution Damage introduced a strict liability regime for bunker oil pollution damage. However, the Maritime and Commercial Court recently ruled that shipbrokers, chartering brokers and commercial managers that provide cargo, commercial contracts or commercial agreements but are not involved with a ship’s technical operation may fall outside the scope of liable parties under the convention. Commercial manager not responsible