Lokal sedvanerett påberopes ikke så sjelden i tingsrettslig sammenheng, især vedrørende ferdsel, beite, jakt og fiske – og i de fleste tilfeller som alternativ til hevd, alders tids bruk eller festnede rettsforhold. I ...

forum shopping, shipping, arrest, lis pendens,

Naturskadeforsikringsloven er, med virkning fra 1. januar 2018, nå endret slik at en eier av bolig- eller fritidshus som får huset skadet i en naturulykke, også får rett til erstatning for tomten der det ikke gis tillatelse ...

I kontraktsrettslig argumentasjon henvises det ofte til begreper som alminnelige kontraktsrettslige eller obligasjonsrettslige prinsipper, alminnelige kontraktsregler, fundamentale kontraktsgrunnsetninger, eller lignende. ...

Extradition agreements between Member States and third States fall within the competence of Member States, but the ruling in Aleksei Petruhhin (Court of Justice, judgment of 6 September 2016, case C-182/15 [GC]) shows that ...

Artikkelen tar opp en prosessuell felle i tvisteloven som kan bli aktualisert i internasjonale sivilrettslige tvister. Innstilling av en sak i forliksrådet kan som ytterste konsekvens resultere i at en norsk part må ...

Corrupt public officials in certain ports are known to sometimes make demands for payments in order for ships or cargo to be processed. Such a demand results in a dilemma for the ship owner and charterer in that resisting ...

Plenumsavgjørelsen i Havnearbeiderdommen gjaldt konflikten mellom etableringsfriheten jf. EØS-avtalen artikkel 31 og registrerte havnearbeideres fortrinnsrett til å utføre havnearbeid (godshåndtering) jf. ILO-konvensjon ...

Recent developments, such as the OW Bunker litigation and the furore surrounding the Australian decision in the Sam Hawk, have made it particularly necessary to re-examine the tenuous relationships and terms which underpin ...

The oil industry is no doubt facing challenges following the low crude price that since mid 2014 have affected the market. This has likely increased the need to monetize assets, vertically integrate businesses or seek other ...

The legal dispute is whether there exists a legal obligation to update the ECDIS application software for vessels relying on ECDIS as the primary means of navigation. The following is a condensed exposé of the legal dispute: ...

his thesis gives a detailed definition of the off-hire clause1. This is done in the thesis by comparing the meaning of off-hire in different charter parties such as NYPE2, BIMCO3, Baltime4, Supplytime5 and Shelltime6. As ...

International rules on the safety of shipping have heavily relied on the commercial practices of the various actors and stakeholders in the business. In particular, States have depended on the role of classification societies ...

The primary purpose of this study is to identify the jurisdiction and applicable law over individual employment contracts at sea in Europe Union and Norway and provide guidance for seafarers on obtaining better protections. ...

Salvage standard forms are not the only option to be chosen in emergency cases. Depending on circumstances, other types of contractual arrangement can be sought. Ascertainable or fixed priced agreements (lump sum, hourly ...

Effektivt internasjonalt samarbeid kan fordre at Norge overfører lovgivende, utøvende eller dømmende myndighet til internasjonale organer – for eksempel til internasjonale handelsdomstoler eller til EUs forvaltningsbyråer. ...

I 2015 fremla regjeringen et utkast til norsk modellavtale for bilaterale investeringstraktater med voldgiftsklausul. Et viktig siktemål bak arbeidet med modellavtalen er at Norges løsning også skal kunne danne basis for ...

A comparative study of the evolution of liability through the main international conventions and market practice

The thesis examines and compares the liabilities of a CIF seller under English law and a Carrier under the Norwegian Maritime Code Section 300, towards a buyer who has acquired a misdated bill of lading.

The Maritime Labour Convention, 2006, (MLC, 2006) was adopted 23rd February 2006 by the 94th International Labour Conference (ILC) of the International Labour Organization (ILO). The MLC, 2006 sets out minimum requirements ...

Piracy is a global phenomenon: an International Maritime Organization (IMO) report advances that in 2013 there were alleged incidents of piracy in areas ranging from the Arabian Sea, the South China Sea, and West Africa ...

A comparative study of the remedies given the innocent party under Norwegian and English law when faced by a breach of contract in terms of non-payment of hire and delay in the delivery of a vessel under time chartering ...

Overseas employment workers play an important role in Philippines economy. Nearly ten percent of GDP is contributed by overseas workers remittances. According to the POEA 2010-2014 statistic report, over 400,000 Filipino ...

This Master Thesis was created because of great personal interest towards marine insurance as such ans cargo insurance in particular. The purpose of this work is to give a proper overview of three legal fields - Norwegian, ...

English law most likely is still and will continue to be prominent in the world of shipping. That is why an English court decision, especially one that is related to shipping, may be of significant importance to the world ...

One of the most complex legal issues arises in the international maritime carriage of goods. The reason of this can be found in the variety of relations in the field and in the different nature of the sources of its legal ...

The carriage of LNG by vessel has become a significant business among the shipping industry. Challenging economic situations as the currently oil crisis or disagreements between gas producers and its neighboring countries ...

The industry of shipping reaches far back in time but the traditional view with a shipowner offering his services is a mere memory. Developing from one actor offering all services more and more players have taken a role ...

International sales of commodities, often involve large sums of money and large shipments of goods. The CIF contract has been chosen as subject for my analysis on the ground that it is the contract most commonly used in ...

A development of a status of marine insurance warranties in the English law has been a lengthy process. Since the XVIII century, the English insurance warranty regime was governed by such rigid rules, as: the strict ...

I gjeldende konstitusjonell doktrine er det antatt at myndigheten til å binde Norge folkerettslig fritt kan overføres, i medhold av grunnloven § 26 andre ledd. Overføring av intern myndighet – lovgivende, dømmende og ...

The Thesis explores the expantion by SKULD, a traditional P&I insurer into more commercial markets, including the opening of a Lloyds Syndicate and the expansion plans, including growing the premium to USD 1 Billion in ...

The aim of this thesis is to explore various means of increasing the efficiency of charterparties, both from an economical and an environmental perspective. When the speed of the vessel is reduced, the decrease in bunker ...

An insurance contract is one under which, for some considerations, the policyholder secures to himself some benefit upon the occurrence of an uncertain event beyond his own control and adverse to his interests by transferring ...

This paper reviews, first, if the reputation tool is adequate to avoid average quality pricing of classification services and analyses whether the current system is sufficient to signal the market the actual condition of ...

The aim of this dissertation is to analyze the safe port warranty under the English law. The issues of safe port warranty have always been considered as those that require lengthy legal analysis in practise. This statement ...

March 2nd, 2012. A Committee was appointed by Royal Decree to conduct a review of the Norwegian pilot service and regulations. The Committee was composed by various interest groups involved with the pilot service, and was ...

The subjects of this thesis are intervention by the Norwegian State in incidents of acute marine oil pollution and public claims for reimbursement subsequent to the governmental intervention.

Given the increased activity in the Arctic region in recent years and the urgent need of regulation that follows, the main purpose of this thesis is to examine the current legal situation in the area with a particular focus ...

The subjects of this thesis are intervention by the Norwegian State in incidents of acute marine oil pollution and public claims for reimbursement subsequent to the governmental intervention.

Alegal comparative analysis for arrest of ships between Norway and England.

This paper is divided into five parts; the first part introduces the subject of misdescription in bills of lading, followed by the second part where briefly the role of the bill of lading in the contract of carriage, its ...

This dissertation explores causation in relation to Loss of Hire Insurance, with emphasis on the Loss of Hire conditions contained in the Nordic Marine Insurance Plan.

The thesis shall discuss P&I Clubs' role in marine pollution incidents. The discussion are given from three aspects: (i) the scope of cover under P&I insurance for marine pollution incidents, which also including the ...

The main purpose of this dissertation is to compare and analyze principles, rules and case law applicable to time charter indemnity provisions in situations where the shipowner incurs greater liability for bills of lading ...

Arbitration is consensual by nature. Therefore, arbitration agreement is usually binding on the parties privy to the contract containing the arbitration clause. Nevertheless, general principles of contract law allow for ...

Ports facilitate a waterborne transport which is the backbone of international trade, and thereby the global economy. This vital position in the international trade coupled with their nature as a limited capacity infrastructure ...

The thesis looks at the governmental marine pilotage service in Norway with focus on the arrangement and the administration of the service and the factors that can potentially shift the liability for damage arising from a ...

As a whole, the current thesis presents us with a comparative analysis of the Norwegian and Brazilian TP domestic regulations; in the context of the Convention for the Avoidance of Double Taxation and the Prevention of ...

The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the “Rotterdam Rules”) is the latest convention, even though not yet in force, governing carriage by sea. ”The project is ambitious ...

Subsequent to the formation of a charterparty, extraordinary events might occur. These events may radically and significantly alter the nature of the contractual rights and obligations of the parties. The aim of the study ...

Back to back can be defined as a rule of construction by which in appropriate circumstances the wording of the reinsurance agreement is to be construed in the same way as the wording of the underlying policy. The discussion ...

The recent catastrophic oil pollution arising from the explosion of the Deepwater Horizon oilwell in the Gulf of Mexico on 20 April 2010, and a series of oil spills that began on June 4, 2011 at Bohai Bay of China have ...

In the modern commercial world guarantees have become an important instrument. Guarantees are not limited to those given by a bank in the commercial world. Guarantees may also be issued by a parent company on behalf of a ...

"…there is all the difference between the contract which a man makes when he hires a boat in which to row himself about and the contract he makes with a boatman that he shall take him for a row." Mackinnon L.J. in Sea and ...

Description of the Himalaya clause and its benefits; considerations on benefits for third parties over international uniform law; observations on construction of the clause under the model of the contract for the benefit ...

Marine salvage is a fascinating area of the maritime industry and involves aspects that are unique compared to similar undertakings ashore. It is different because ashore there are rescue services available at any time, ...

The shipping market is characterized by high fluctuation range and obvious periodicity, which affects not only the fleet planning of shipowners but also the charterers ability to meet their obligations. When the market ...

The main objective of this thesis is to analyze how different jurisdictions conduct these environmental impact assessments. Not only are they crucial components of the planning stage of oil companies, these studies are ...

Shipbuilding, being one of the oldest industries in the world, consists of more than just of building a ship. Many yards around the world design, build, test and repair ships. And even one project to build a ship consists ...

With Arctic sea ice melting at rates faster than ever before, global climate change is opening up the polar region with its vast hydrocarbon resources to increased oil & gas exploration, exploitation and navigation. The ...

The thesis presents the main aspects connected with the knock-for-knock clauses used in the offshore sector and focus on how these provisions are treated in the United States (US) and Norwegian legal systems. The ...

The thesis consists of two parts which are closely interlinked together. Firstly, there is a description of the successful safety regimes in offshore oil and gas operations in Norway and the UK. These two offshore safety ...

One of the main functions of a commercial contract has always been to allocate risk. This is true of contracts used in almost any industry or commercial enterprise. The oil and gas industry however, presents a unique set ...