Newbuilding contractsTransfer of title transfer of title When does title in the ship pass from the shipbuilder to the shipowner? Can the parties agree to change when title will pass?

Reading: Snapshot: carriage of goods by sea in Norway

The doubt of when the title to a transport passes is subject to contractual exemption. This means that the parties are absolve to agree when the title shall pass from the shipwright to the shipowner. The parties normally agree that the title to a embark passes at the completion of the build procedure upon delivery of acceptance. This is besides the standard regulation in article XI 1 of the norwegian Standard Form Shipbuilding Contract ( SHIP 2000 ). An alternative is to agree that the title shall pass to the shipowner during construction, either increasingly or in stages. This will be a desirable solution for security should the shipbuilder be unable to provide a refund guarantee for any pre-delivery instalments. If the parties have not agreed when the championship shall pass to the shipowner, the wonder will be resolved on the basis of norwegian background law. The norwegian Sale of Goods Act of 13 May 1988 No. 27 ( the Sale of Goods Act ) applies to the purchase of ships. however, the act does not explicitly regulate when the title to goods, such as ships, passes. thus, the pass of title has to be determined by what specific rights the seller and the buyer have in the goods at the different stages of the transaction process. If the seller nobelium long has the right to exercise retention and recission, the style is normally considered to have passed. In general, the seller will lose its right to retentiveness and recission upon pitch. The transfer of ownership to the transport will normally be evidenced by a charge of sale, a builder ’ mho security or both, and a protocol of delivery and acceptance. The buyer will obtain legal protection against competing third parties, including protection against possible attachments from the creditors of the shipbuilder, by registering the ownership in one of the norwegian registries ( norwegian Ordinary Ship Register or norwegian International Register ) or a alien ship register. If the parties agree that the transportation of title shall pass during construction, the ownership may be legally protected through adjustment in the Register of Ships under Construction ( BYGG ) until complete ownership is obtained .Refund guarantee Refund guarantee What formalities need to be complied with for the refund guarantee to be valid? Assessing the cogency of a refund guarantee is, in principle, the same exercise as evaluating any early promise under norwegian law. Legal committedness requires that the person giving the promise is authorised to bind the principal, or at least appear to have such powers. There are no dinner dress requirements as to the format of the guarantee. however, the guarantee has to constitute an purpose to be legally bound. If the guarantee is indecipherable with regard to essential items of its content, such as the secure sum or under what conditions it becomes due, the guarantee is less likely to be considered as an purpose to be legally bound by norwegian courts. The same will be the case if the alleged guarantee undertake is given in an unusual format .Court-ordered delivery court-ordered pitch Are there any remedies available in local courts to compel delivery of the vessel when the yard refuses to do so? local anesthetic courts and enforcement authorities have the assurance to enforce the definite rescue of the vessel. Definite pitch requires a ground for enforcement that must be enforceable. This will typically be an enforceable judgment or arbitration prize stating that the yard is obliged to deliver the vessel in exchange for the buyer paying a specific sum to the shipyard. The process of obtaining a labor for enforcement is normally time-consuming. If time is of the kernel, the shipowner may seek to obtain irregular rescue of the vessel until a final decision is made by applying to the local anesthetic courts for a preliminary injunction. To be granted a preliminary injunction, the shipowner has to substantiate that the claim for delivery is most probably to succeed, angstrom well as a basis of security. A basis of security will be present when it is necessity to make a impermanent arrangement to avert considerable loss or trouble. This may be the event if the shipowner has ordered the vessel to serve under a charter party and risks being in default option under its terms owing to the shipbuilder ’ s rejection of rescue. In addition, it is a requirement that the loss or inconvenience inflicted upon the yard by such a measure can not distinctly be disproportionate to the interests of the shipowner. The court may besides require the claimant to provide security for any compensation to the shipyard that the shipowner late may be found liable for. This could be a deposit of an come that equals the shipbuilders demand payment or a depository financial institution guarantee .Defects Defects Where the vessel is defective and damage results, would a claim lie in contract or under product liability against the shipbuilder at the suit of the shipowner; a purchaser from the original shipowner; or a third party that has sustained damage?Shipowner shipowner Claims from the shipowner may, in principle, be based on the Sale of Goods Act. however, as the act is not compulsory, and the shipowner in practice constantly enroll into a contract with the shipbuilder that provides for a regulation of liability, any claims will foremost be topic to the provisions of the shipbuilding compress. transport 2000 is the standard shape condense most normally used in Norway. norwegian shipyards have their own standard contracts ; however, most of such contracts are in production line with the principles of SHIP 2000. With deference to defects discovered before the manner of speaking and acceptance, article VII ( five hundred ) provides that the shipowner will be entitled to reject manner of speaking provided that the deficiencies are not of child importance or the shipbuilder is unable to rectify the matter within a reasonable time. The shipwright may, however, require the buyer to take delivery provided that the shipwright undertakes to rectify the defect deoxyadenosine monophosphate soon as possible and indemnify the shipowner for any passing incurred as a consequence thence. With deference to deficiencies discovered after delivery, article X provides that that the shipbuilder ’ s liability is limited to remedy the blemish itself, and that the shipbuilder shall have no liability for any wrong or loss caused as consequence of the defect, except for repair or refilling of the vessel ’ mho parts that have been damaged as a directly and contiguous consequence of the defect without any average lawsuit, and provided such separate or parts can be considered to form a part of the like equipment or system. however, the limitation of indebtedness entirely applies for as long the deficiencies are remedied within a reasonable time. If the deficiencies are not remedied within a reasonable time, the shipowner is entitled title all remedies made available in the background jurisprudence, being the Sale of Goods Act. The shipowner will by and large not be entitled to raise claims towards the shipwright based on rules of product indebtedness as these do not cover damage to the merchandise itself. Nor will the shipbuilder generally be entitled to claim compensation based on ordinary principles of tort jurisprudence. This is because liability for unsatisfactory performance will normally be considered thoroughly regulated by the shipbuilding contract. To claim recompense based on ordinary principles of tort law the shipowner must justify that the negligent act being alleged to establish liability is not comprised by the contract in a wide-eyed feel, which generally will be hard to prove. That said, if the shipbuilder has breached the sign willfully or by gross negligence, the norwegian courts are likely to set aside any limitation of liability, making the remedies in the background law available to the shipowner .Purchaser buyer A buyer who has taken legal assignment of the shipbuilding shrink will be in the same military position as the original shipowner with obedience to making claims against the shipbuilder. Pursuant to SHIP 2000 article X fifth paragraph, the buyer can assign its rights under the guarantee, but lone subject to the shipbuilder ’ second accept. consent can not, however, be unreasonably withheld or delayed. A valid reason for not giving accept may be that the assignment will lead to extra costs or extra work. If the buyer has not taken assignment of the shipbuilding narrow, the buyer will, in principle, be in the like position as any early third party. This said, the buyer may under certain conditions make direct claims against the shipbuilder based on cosmopolitan principles of norwegian contractual law. A minimal condition to make such aim call is that the buyer was conservatively unaware of an eventual assignment limitation .Third party Third party A third party may make claims against the shipbuilder based on the provisions of the norwegian Product Liability Act of 23 December 1988 No. 104 ( the Product Liability Act ), which is based on EC Council Directive 85/374/EEA. pursuant to the Product Liability Act the shipbuilder is liable for personal wound or death caused by security defects in the vessel. The shipbuilder may therefore confront claims from crew and other personnel being injured by unsecure installations on the vessel. furthermore, the Product Liability Act states that the shipbuilder is liable for damage to place caused by security defects on the vessel. however, only to the extent the damaged property is intended and used for secret use or consumption. For this reason, the shipbuilder is alone probable to face claims for damage to property if the vessel ’ s operations involve consumers ( eg, passenger ferries ). pure economic personnel casualty ( not related to physical damage ) is not in any case recoverable under the Product Liability Act. In addition to claims based on product liability, the shipbuilder may face claims from third parties based on general principles of tort law. however, for a third party to be heard with such an allegation, the third base party must justify that receive passing is not to remote to be recognised as compensable and further that the damage has a causal connection to negligent behavior by the shipbuilder ( eg, during the structure ), which generally will be demanding to prove. last, the shipbuilder may be held liable by a third base party based on rules of stern liability for products with built-in extraordinary risks, which have obvious parallel to the product liability. Ship registration and mortgagesEligibility for registration eligibility for registration What vessels are eligible for registration under the flag of your country? Is it possible to register vessels under construction under the flag of your country?Registration of vessels registration of vessels Vessels flying the norwegian pin are either registered in the norwegian Ordinary Ship Register ( NOR ) or the norwegian International Register ( NIS ) .NOR NOR To be eligible for registration in NOR, the vessel has to be a norwegian ship. A transport is considered norwegian if, first, it has a sufficiently close link to Norway, demonstrated by the fulfillment of certain ownership and management requirements, and it is not registered in the embark register of another area. The latter prerequisite applies to all ships, except for those that are bareboat registered in Norway. second, the ship can not be registered in NIS. Third, the ship has to be either 7 meters long, subject to a registration necessity under the Act of 26 March 1999 No. 15 relating to the right to participate in fish and catch or used entirely or chiefly in deal. adjustment is mandate for all vessels of 15 meters or more fulfilling the three above mentioned requirements .NIS nickel To be eligible for adjustment in NIS, the vessel has to be categorised as either a self-propelled passenger or cargo ship, a hovercraft, a drill platform or other type of mobile floating facility. early types of vessels, such as fish and pleasure vessels, can not be registered in NIS. NIS is open for registration for both norwegian ships ( see requirements above ) and non-Norwegian vessels. however, for non-Norwegian vessels, there are some extra requirements with obedience to the management of the vessel and the owner ’ s representation in Norway. adjustment in NIS has certain disadvantages compared to adjustment in NOR, ( eg, NIS-registered cargo and passenger ships are not permitted to carry cargo or passengers between norwegian ports or to engage in even scheduled passenger transportation between norwegian and extraneous ports ) .Registration of vessels under construction adjustment of vessels under construction Vessels under construction in Norway or contracts for the construction of vessels in Norway may be registered in the Shipbuilding Register ( BYGG ), a sub-division of NOR, provided that the vessel ’ mho length is at least 10 metres. An lotion for registration must be made by the owner if the vessel is under construction, or by the buyer in the subject of a shipbuilding compress. Who may apply to register a ship in your jurisdiction?ShipownerNOR ShipownerNOR A shipowner may apply to register a transport in NOR, provided that certain possession and management requirements are fulfilled ( in accession to the early eligibility requirements set out above ). The possession and management requirements are set out in the norwegian Maritime Code of 24 June 1994 No. 39 ( the norwegian Maritime Code ) section 1 ( and in section 4 with obedience to certain ships ). The ownership requirements demonstrate that the ship has a genuine link to Norway. If the shipowner is an individual, the person has to be a norwegian national. If the vessel is owned by a company where the participants have unlimited indebtedness for ship’s company debts, norwegian nationals must hold at least 60 per penny of the company. If the vessel is owned by a limited partnership, norwegian nationals must hold at least 60 per cent of the general partnership capital and at least 60 per penny of the specify partnership capital. If the vessel is owned by a ship’s company with limited liability, 60 per cent of the shares and their vote rights must be held by norwegian nationals, the company ’ s heading office and registered cover must be in Norway and the majority of the directors, including the board chair, have to be norwegian nationals who are resident in Norway and have lived in Norway for the past two years. however, entities and nationals of another nation within the european Economic Area ( EEA ) will receive adequate discussion to norwegian entities and nationals. It is a requirement that the vessel is a part of the shipowner ’ s commercial activities established in Norway and that the embark is operated from Norway. A ship used for amateur purposes and for commercial activities may be owned by a person who is residing in Norway and is a citizen of a express connected to the EEA Agreement. If the shipowner does not have permanent residency in Norway, the shipowner shall appoint a spokesperson resident in Norway who is a national of an EEA country with authority to accept legal process on behalf of the shipowner. If the shipowner does not satisfy the possession requirements, the Ministry of Trade, Industry and Fisheries, Maritime Department may grant dispensation. For deoxyadenosine monophosphate long as the applicant demonstrates that the vessel otherwise has a genuine link to Norway, our experience is that exemptions may be granted well .NIS nickel Shipowners being eligible to register a embark in NOR, may besides apply to register a ship in NIS. In accession, NIS is besides open for shipowners not qualifying for NOR adjustment. however, it is required that the shipowner have a congressman in Norway that is able to accept writs on behalf of the shipowner. In addition, the technical or commercial management of the vessel has to be carried out by a norwegian transport company with its promontory function in Norway or by one of its management offices abroad .Bareboat charterer NOR Bareboat charterer NOR A bareboat charterer is allowed to register a ship in NOR for a menstruation of up to 10 years ( not exceeding the term of the bareboat charter party ), provided that the bareboat charterer meets the possession and management requirements for NOR registration set out above and the transport is otherwise eligible for NOR adjustment .NIS nickel A bareboat charter may besides register a ship in NIS for a menstruation of up to 10 years ( not exceeding the term of the bareboat charter party ), provided that the bareboat charterer meets the requirements for NIS adjustment set out above, and the ship is otherwise eligible for NIS registration .Documentary requirements objective requirements What are the documentary requirements for registration? The software documentation requirements for compulsory registration in NOR are :

application for certificate of name;
notification for registration form;
tonnage certificate;
confirmation of survey;
documentation evidencing ownership (eg, original bill of sale, original builder’s certificate or another title document).
- if the vessel is a newbuilding, a builder’s certificate and (usually) a protocol of delivery and acceptance are required;
- signatures on a title document issued abroad must be notarised and thereafter legalised with an apostille;
documentation of the shipowner’s nationality:
- all entities (not individuals) must submit a declaration of nationality demonstrating the fulfilment of the ownership requirements in the Norwegian Maritime Code section 1;
- additional documentation requirements apply to non-Norwegian shipowners within the EEA who are not resident in Norway;
- companies and private individuals have to fill in a form confirming the appointment of a Norwegian representative; and
- companies have to provide a management agreement confirming that the vessel is a part of the shipowner’s economic activities established in Norway and that the vessel is operated from Norway;
statement of deletion or non-registration from the vessel’s previous ship registry or country; and
applicable ship certificates and certificates for maritime personnel.

The objective requirements for registering in NIS are like to those required for NOR, except for the shipowner not being required to declare national affiliation to Norway or another state within the EEA. however, extraneous shipowners outside the EEA have to provide software documentation confirming the appointment of a norwegian serve agent and documentation confirm that the vessel is operated by a norwegian shipowner. The latter may be demonstrated by a management agreement. In addition, if the shipowner is a alien register company, the shipowner must produce corporate documentation equivalent to a norwegian certificate of registration .Dual registration double adjustment Is dual registration and flagging out possible and what is the procedure? double registration has been allowed in Norway since 1 July 2020. Vessels registered in NOR and NIS are allowed to be temp bareboat registered in a foreign ship register, and vessels registered under the iris of a alien ship register are allowed to be temporarily bareboat registered in NOR or NIS. The vessel shall sail under the sag of the state where the vessel is bareboat record and will operate under the laws and jurisdiction of such state. however, private law aspects, such as possession and mortgages over the vessel, remain governed by the primary coil read and the laws of that state. To bareboat register a vessel in NOR or NIS, the bareboat charterer must prove the fulfillment of the like ownership and management requirements that apply to ordinary applicants. In addition, the bareboat charterer has to provide, among other things :

a copy of the bareboat charter party;
a transcript of the ship registry in the primary state that states who is the owner of the vessel and all other persons with rights in the vessel;
written consent to bareboat registration in the relevant Norwegian registry from the shipowner and all others with registered rights in the vessel; and
documentation from the ship registry in the primary state showing that the vessel is allowed to be bareboat registered in the relevant Norwegian registry and sail under the Norwegian flag.

Vessels sailing under the norwegian masthead are allowed to be bareboat registered in the register of a foreign country, provided that the shipowner provides, among other things :

a copy of the bareboat charter party;
written consent to bareboat registration in the relevant foreign registry from the shipowner and all others with registered rights in the vessel; and
documentation from the foreign ship registry showing that the vessel is allowed to be bareboat registered in the registry.

The time period for bareboat registration will be limited to the term of the bareboat charter party and can maximum be a period of up to 10 years, however, it is possible to apply for an extension .Mortgage register mortgage register Who maintains the register of mortgages and what information does it contain? ship mortgages are registered in transport registries ( NOR, NIS and BYGG ), which are subject to the administrative control of the norwegian Maritime Authority. The register contains information on register rights in the vessel and their priority. If the mortgages registered contain clauses stating that sale and further mortgages are forbidden, this will besides be noted in the register. Limitation of liabilityRegime regimen What limitation regime applies? What claims can be limited? Which parties can limit their liability? Norway is a party to the 1976 Convention on Limitation of Liability for Maritime Claims ( LLMC ), and the amendment in the 1996 Protocol. The conventionality and the amendments are implemented in the norwegian Maritime Code. The increased limits on liability announced by the International Maritime Organization on 19 April 2012 have besides been implemented in the norwegian Maritime Code. The persons entitled to limit their liability include the shipowner, the ultimate owner, the charterer and managers, operators and salvors, deoxyadenosine monophosphate well as any person for whose act, fail or default those parties are responsible, and the liability insurers of any of those parties. The right to limit besides applies internally between the note parties, which, for example, means that the charterer will be able to limit liability for claims made by the owner. The restriction government is only available for claims associated with ships. To be defined as a ship, the construction must have sealed minimal dimensions and must be able of carrying passengers or goods. The norwegian Maritime Code part 172 and 172a describes the types of claims that liability can be limited. The legal basis for the claim is irrelevant ( eg, a restriction is available regardless of the claim being based on tort police, nonindulgent indebtedness or shrink ). The mighty to limit liability applies to claims in relative to :

loss of life or personal injury or property damage, provided that the damage has occurred on board or in direct connection with the operation of the ship or salvage;
losses resulting from delay in the carriage by sea of goods, passengers or their luggage;
other damage of non-contractual nature arising in direct connection with the operations of the ship or salvage;
expenses to avert or minimise liability that otherwise would have been subject to the limitation regime, as well as loss due to such measures; and
certain expenses related to clean-up measures after maritime accidents.

The norwegian Maritime Code section 173 lists claims that are exempted from limitation :

claims for salvage and general average contributions, as well as agreed remuneration for measures to avert or minimise liability and agreed remuneration for wreck removal, etc;
claims relating to oil pollution damage, as these are subject to a different set of rules;
claims relating nuclear damage;
claims related to damages or injury caused to an employee being engaged in the operations of the ship; and
claims for interests or costs associated with a claim for which liability can be limited.

Procedure operation What is the procedure for establishing limitation? The right to limit liability is available regardless of a limitation fund being established. therefore, the party being liable can invoke the justly to limit claims made by the creditors without establishing a fund and is release to settle any claims directly and colloquially with the creditors. however, if a raw creditor comes forward after the settlement, the debtor will remain liable and obliged to pay the raw creditor as if the claim had been made before the village. This gamble is avoided by establishing a restriction fund. A limitation fund can only be established after the creditors have initiated legal proceedings to enforce a claim being submit to limit or after the creditors have filed a petition for arrest to temp plug such claim. The authority to establish a fund is given to the court where the arrest or early easing has been sought or in the district where arbitration proceedings are initiated. The fund is established by a court rate made on the request of the liable party or its indebtedness insurance company and requires payment of the total to which limitation is limited or other security. In rehearse, the latter will be an indemnity from the insurance company. Once the fund is established, the creditors are given a deadline for notifying claims. Claims filed after the deadline will be disregarded. however, if the fund is released following a colony, the call will still be valid and can be pursued .Break of limitation Break of limit In what circumstances can the limit be broken? Has limitation been broken in your jurisdiction? The norwegian Maritime Code Section 174 incorporates article 4 of the LLMC and provides that liability can not be limited if the liable person has caused the loss intentionally or through gross negligence and with the cognition that such loss is probable. In the Supreme Court judgment Rt. 1989 p.1318 ( p.1322 ) the court describes gross negligence as ‘ a clear deviation from ordinary reasonable expectable behavior. There must be behaviour that is particularly blameworthy, where the person is significantly more to blame than where there is a question of average negligence ’. As to the second base condition, it is not sufficient that the person who caused the damage ought to have silent that price would probably result. To trigger inexhaustible indebtedness, the person in motion must in fact have had this cognition. Entities being subject to liability will be identified with the top management when assessing whether the limitations shall be broken. This means that if one of the top management has caused loss by gross negligence and with the cognition that such loss was likely to incur, this will make the entity incur inexhaustible indebtedness. however, it is ill-defined to what extent the liable entity will be identified with other employees and persons acting on its behalf. however, in legal theory, it is assumed that the negligent person at least must have a significant degree of authority to be identified with the entity itself. In Norway, there have been no Supreme Court cases where the limitation has been broken. thus, it is ill-defined what happens with any investment company that has been established. however, it is assumed that the liable person would be liable for the full fiscal loss and that the creditors are entitled to pursue compensation for any loss not covered by the fund .Passenger and luggage claims passenger and baggage claims What limitation regime applies in your jurisdiction in respect of passenger and luggage claims? With respect to injury or damage to persons or baggage, the norwegian limit government is based on the Athens Convention of 1974 ( as amended by the 2002 Protocol ), and Regulation ( EC ) 392/2009. The convention and regulation are implemented in the norwegian Maritime Code Chapter 15, Part III. With respect to delay, the norwegian limitation indebtedness regimen is chiefly based on Regulation ( EU ) 1177/2010. The regulation is implemented in the norwegian Maritime Code Chapter 15, Part IV. Port state controlAuthorities Authorities Which body is the port state control agency? Under what authority does it operate? The interface state restraint agency is the norwegian Maritime Authority. The agency is dependent to the Ministry of Trade, Industry and Fisheries and the Ministry of Climate and Environment. The Port State Control has the authority to inspect alien vessels in norwegian ports ( mainland Norway and Svalbard ) in order to verify that the vessel ’ south condition and equipment are in submission with provisions of international conventions and that the vessel is safely manned and operated in conformity with applicable external law. The lead of the port state restraint representation is regulated in the Regulation of 24 November 2014 no. 1458 on port State Control. The regulation is based on the Paris Memorandum of Understanding on Port State Control of 1982 and the EU Council Directive 95/21/EC, which gave the Paris Memorandum a legal framework. Today the regulation incorporates EU Directive 2009/16/EC with amendments and supplements, which replaced the EU Council Directive 95/21/EC. The regulation, bury alia, requires vessels calling at norwegian ports to submit a telling of the estimate time of arrival, the actual time of arrival and the actual clock of departure through the national report system SafeSeaNet .Sanctions Sanctions What sanctions may the port state control inspector impose? The sanctions that the port express master examiner may impose are found in Chapter 4 of the Regulation of 24 November 2014 No. 1458 on port State Control and Chapters 8 and 9 of the Ship Safety and Security Act. The sanctions include :

orders to implement measures to ensure compliance with requirements in statute or regulations within a specific time limit;
coercive fines issued to the company or employer, as appropriate, for not complying with orders;
withdrawal of certificates;
orders stating that the ship must detain (detention notice), call at a new port or follow other instructions, and if necessary enforcement of such orders;
stopping and boarding a ship while it is underway to carry out an inspection with a view to investigating a suspicion of non-compliance with international provision or requirements, and if necessary by force;
denial access to Norwegian territorial waters; and
violation fines on anyone who, on behalf of the company, willfully or negligently infringes relevant regulations.

In summation, the port state of matter inspector may request the public prosecutor to pursue and investigate if an violation of a regulation may be national to condemnable liability. Persons who have intentionally or negligently infringed sealed regulations may be made to pay fines or imprisoned .Appeal appeal What is the appeal process against detention orders or fines? The Regulation of 24 November 2014 No. 1458 on Port State Control department 21 provides that the party or the company ’ second representative in Norway may lodge an appeal against a decision on a detention or refusal of entree order made by the norwegian Maritime Authority. Appeals shall be directed to the norwegian Maritime Authority. The housing of an entreaty will not cause the detention or refusal of access to be suspended. The norwegian Maritime Authority may reverse its own decision, or ahead the entreaty to relevant lake superior entreaty authority, who will conduct a new meaty interrogation of the grounds for ordering detention or fines. The superscript appeal assurance will be the Ministry of Trade, Industry and Fisheries or the Ministry of Climate and Environment, depending on the sphere of law. A decision made by the attract authority is final, and may only be challenged by instituting legal proceedings. criminal convictions can be appealed to the Courts of Appeal. Classification societiesApproved classification societies Approved classification societies Which are the approved classification societies? The norwegian Maritime Authority has delegated its agency to carry out surveys, inspection and issuing statutory certificates to the following acknowledge classification societies :

American Bureau of Shipping;
Bureau Veritas;
DNV GL;
Lloyds Register of Shipping;
RINA SpA; and
Nippon Kaiji Kyokai – ClassNK.

The agency delegated to the categorization society is regulated by a standard form class agreement, which is prepared in accord with the European Union ’ s Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of nautical administrations .Liability indebtedness In what circumstances can a classification society be held liable, if at all? The classification company may be held liable towards the Ministry of Trade and Industry and the norwegian Maritime Directorate ( NMD ) for being in transgress of an obligation to perform a specific avail under the class agreement. If a court rules that NMD is required to compensate an injure party for loss or damage to property or personal injury or death, which is proven to be caused by a froward act or omission or gross negligence of the categorization society or any person that act on their behalf, then the categorization club shall indemnify NMD for to whole amount being collectible to the party miserable loss. If the personnel casualty, however, only is considered to be caused by a negligent act or foolhardy act or omission of the categorization club or any person acting on their behalf, then the liability to compensate NMD shall be limited to Є5 million for personal injury or death or Є2.5 million for loss or wrong to property. The categorization society may besides be held liable towards the shipbuilder or the shipowner for being in default option of a contractual obligation to perform a certain servicing, such as ensuring conformity with class rules. however, classification societies normally limit their indebtedness in the shrink. Shipbuilders or shipowners being in a contractual relationship with the classification society will generally not be entitled to claim compensation based on ordinary principles of tort police, as the indebtedness for unsatisfactory performance is considered thoroughly regulated in the contract. To claim compensation based on ordinary principles of tort law, the act alleged to establish liability must not be comprised by the sign in a wide feel, which will generally not be the case. This said, if the classification club has breached the compress willfully or by gross negligence the norwegian courts are probable to set aside any limitation on liability, making the remedies in the background police available to the shipbuilder or shipowner. other parties, not being in a contractual relationship with the classification society, may hold the categorization club liable based on information liability, which can be considered as a sub-group of ordinary tort indebtedness. Making a claim based on information indebtedness might be relevant in a site where a classification club wrongfully has issued a certificate that the buyer of a embark has taken into circumstance when accepting the purchase price. The Supreme Court has stated that three requirements have to be fulfilled to hold a party liable for a loss based on information indebtedness. First, there has to be deceptive information provided through negligent behavior in a professional context. Second, the party suffering the loss must have fair grounds to trust and rely on the information provided. Third, information has to be intended for the party suffering loss or at least to humble group persons where the party pertains. however, presently, there are no examples in norwegian event law where a classification company has been held liable on these grounds. Collision, salvage, wreck removal and pollutionWreck removal orders Wreck removal orders Can the state or local authority order wreck removal? The norwegian Coastal Administration, the norwegian Environment Agency and municipalities are given assurance to order shipwreck removal under the Pollution Act or the Harbour and Naval Fairways Act. Both the acts open to direct an order for wreck removal to the responsible, which may cover other entities than the owner. The Supreme Court has ruled that the liability government in the norwegian Maritime Code does not apply to orders for wreck removal, as the order is not a monetary claim. however, if the public or local authorities choose to carry out the wreck removal itself, and late claim the expenses refunded by the creditworthy, the claim will subject to the limitation government. That said the indebtedness government in the norwegian Maritime Code imposes an increased liability on wreck removal .International conventions International conventions Which international conventions or protocols are in force in relation to collision, wreck removal, salvage and pollution? With deference to collision, the Convention for the Unification of Certain Rules of Law with esteem to Collisions between Vessels 1910 is implemented in the norwegian Maritime Code. With gaze to wreck removal, the norwegian parliament has signed the Nairobi International Convention on the Removal of Wrecks 2007 and adopted a new work to implement the conventionality. however, the dissemble is not in force as it is pending ratification. With respect to salvage, the external convention on salvage 1989 is implemented in the norwegian Maritime Code Chapter 16. With respect to pollution, the Ship Safety and Security Act incorporates the International Convention for the Prevention of Pollution from Ships of 1973, as amended by the 1978 Protocol ( MARPOL 73/78 ) and subsequently amended by the 1997 Protocol. Further, the norwegian Maritime Code incorporates the International Convention on Civil Liability for Bunker Oil Pollution damage 2001 .Salvage salvage Is there a mandatory local form of salvage agreement or is Lloyd’s standard form of salvage agreement acceptable? Who may carry out salvage operations? The norwegian Maritime Code Chapter 16 incorporates the international convention on salvage from 1989 and contains detailed rules on salvage operations and the salvage award. however, pursuant to the norwegian Maritime Code section 443 ( 1 ), the provisions in the chapter do not apply where alternative regulation has been agreed by manner of a compress. As the provision does not make reference to a specific salvage contract, Lloyd ’ sulfur standard shape of salvage agreement is acceptable and is much besides used. That said, it is besides allowed to agree on an alternate regulation. This said the norwegian Maritime Code part 443 ( 3 ) provides that a salvage agreement can be set digression or amended if the agreement is entered into under excessive press or exposure of risk and it will be unreasonable to rely on it, or where the agree salvage prize or particular compensation is not sanely proportionate to the salvage work that has been performed. The provision is rarely used in practice. As a start point, any person or legal entity may carry out salvage operations. however, the shipowner or master of the vessel being capable to salvage has the right to appoint the person who is going to perform the salvage operation and thereby reject other persons from conduction such operations. A party who disregards press out and justifiable orders from the shipowner or maestro has no right to a salvage award or special compensation. If not, the shipowner of the disabled vessel appoints a particular salvager, the principle of ‘ first in prison term, first in justly ’ will apply. Ship arrestInternational conventions International conventions Which international convention regarding the arrest of ships is in force in your jurisdiction? Norway is a party to the International Convention Relating to the Arrest of Sea-Going Ships 1952. The conventionality is implemented in the norwegian Maritime Code Chapter 5 and therefore is in impel. Norway has besides signed the International Convention on the Arrest of Ships 1999. however, the Convention has not been ratified and is not implemented or in storm yet .Claims Claims In respect of what claims can a vessel be arrested? In what circumstances may associated ships be arrested? Can a bareboat (demise) chartered vessel be arrested for a claim against the bareboat charterer? Can a time-chartered vessel be arrested for a claim against a time-charterer? A vessel can only be arrested based on ‘ nautical claims ’ as listed and defined in section 92 of the norwegian Maritime Code ( unless a specific enforcement spleen is granted in execution or atonement of a judgment ). Maritime claims include claims such as crew wages claims, salvage claims, claims by shipyards or suppliers relating to construction, rectify or equipment on the vessel, claims for damage caused by the vessel either in a collision or otherwise, claims relating to the loss of life or personal injury caused by the vessel, mortgage claims and ownership claims. According to the norwegian Maritime Code section 93 barn ), arrests can be made of associate vessels ( other vessels that were owned by the person or entity that is liable for the maritime claim at the clock the nautical claim rebel ). This right to arrest associated vessels does however not apply in sheath the nautical claim is based on disputes as to ownership of a vessel, or to a challenge between co-owners of a vessel as to the ownership, self-control, employment or earnings of that vessel, where the check can only be effected against the vessel to which the claim relates. In general, an arrest call can only be made based on a claim against the owner, not against the bareboat charterer or a time-charterer of a vessel ( unless the claim qualifies to be a nautical lien cystic fibrosis. the norwegian Enforcement Act of 21 June 1992 No. 86 ( the Enforcement Act ) section 33-2 ( 3 ) ). According to the norwegian Dispute Act of 17 June 2005 No. 90 ( the Dispute Act ) chapter 33, the claimant must either prove that the debtor ’ s behavior gives argue to fear that enforcement of the title differently will be lost or made significantly more unmanageable, or that enforcement otherwise has to take place outside of Norway ( arrest ground ), and that it is more probable than not that the claimant will succeed in its claim in a subsequent court case ( remainder of probability trial ). The aforesaid requirements do not apply to claims secured by a mortgage or nautical lien on the vessel if such claims have fallen due ( Dispute Act section 33-2 ( 3 ) ) .Maritime liens maritime liens Does your country recognise the concept of maritime liens and, if so, what claims give rise to maritime liens? Yes, norwegian law has the concept of maritime liens. The norwegian Maritime Code incision 51 lists the claims that are secured by nautical liens in the vessel. These claims are :

wages and other sums due to the master and other persons employed on board in respect of their employment on the vessel;
port, canal and other waterway dues and pilotage dues;
damages in respect of loss of life or personal injury occurring in direct connection with the operation of the vessel;
damages in respect of loss of or damage to property, occurring in direct connection with the operation of the vessel, provided the claim is not capable of being based on contract; and
salvage reward, compensation for wreck removal, and general average contribution.

A nautical lien in the vessel besides arises if the call is against the charterer, coach or any person to whom the owner has delegated its functions ( eg, under a bareboat lease party ). The norwegian Maritime Code section 61 lists the claims that are secured by maritime liens in the cargo. These claims are :

a claim in respect of salvage reward and general average contribution;
a claim arising in consequence of the fact that the carrier or the master in accordance with its statutory authority has entered into a contract, taken action or incurred expenditure on the account of the cargo-owner, and a cargo owner’s claim for compensation for goods sold for the benefit of other cargo-owners; and
a claim by the carrier arising out of the chartering agreement, insofar as the claim can properly be brought against the person claiming delivery.

Wrongful arrest wrongful catch What is the test for wrongful arrest? If the claim ultimately fails, the claimant will be liable for loss that the defendant has sustained as a resultant role of the arrest or as a result of the measures that have been necessary to avoid the check or have it set aside, see the Dispute Act segment 32-11, beginning paragraph, first gear conviction. This applies regardless of whether the claimant has acted negligently or not. The claimant will besides be liable if it shows that the information provided by the claimant with esteem to the grounds for security was false or deceptive, to the extent the claimant has acted willfully or with negligence ( see the Dispute Act section 32-11, first paragraph, second sentence ). Hence, in norwegian jurisprudence, there is a hard-and-fast liability regimen for wrongful apprehension if the claim does not exist, and a liability government based on negligence with deference to the grind for obtaining security .Bunker suppliers Bunker suppliers Can a bunker supplier arrest a vessel in connection with a claim for the price of bunkers supplied to that vessel pursuant to a contract with the charterer, rather than with the owner, of that vessel? No, the bunker supplier may not arrest the vessel if the claim is against the charterer and not the owner. however, the bunker supplier may be able to arrest the bunkers in such a scenario .Security security Will the arresting party have to provide security and in what form and amount? Yes, the arresting party will be required to provide security for port dues that will accrue during the catch. The security shall cover port dues for the following 14 days, the norwegian Maritime Code part 97, paragraphs one and two. The court may at its own delicacy make an exception to this requirement if the arresting party is the public authority of a country and this prerequisite does not apply in case of claims from crowd secured by a nautical lien. The arresting party may be ordered, at the motor hotel ’ randomness discretion, to put up security for unlawful arrests cf. the Dispute Act part 33-3. The security system measure will be set as a repair sum gamey adequate to cover likely loss suffered by the debtor relating to a wrongful check. In practice, the courts normally do not order counter-security to be put up ; however, this will depend on the specific circumstances on a case by case footing. relevant factors in the motor hotel ’ sulfur appraisal include the certainty of the creditor ’ s position or claim ( the more uncertain the claim is, the more probably it is that the court will order security for wrongful check to be established, the magnitude of the damages the halt may cause to the debtor, and the fiscal solidity of the arresting party, amongst early ). The forms of security acceptable are set out in the Enforcement Act incision 3-4. The security can either be a cash deposit in a norwegian bank, with an appropriate announcement by the bank to the enforcement authority, or a depository financial institution guarantee from a norwegian bank or other fiscal institution with the enforcement authority as beneficiary, without any termination date of the undertake. other forms of security are not acceptable ( eg, the arresting party can not satisfy this prerequisite by providing a rear company guarantee or similar ). How is the amount of security the court will order the arrested party to provide calculated and can this amount be reviewed subsequently? In what form must the security be provided? Can the amount of security exceed the value of the ship? The arrested party can avoid apprehension by providing security for the arresting party ’ second claim, see the Dispute Act section 33-5, third paragraph. The check party may besides lift an catch by providing security after the arrest has been granted. The security amount shall correspond to the total for which the court has granted the halt. The security must be in the kind stipulated in the Enforcement Act section 3-4 ( bank deposition or deposit guarantee ) .Formalities Formalities What formalities are required for the appointment of a lawyer to make the arrest application? Must a power of attorney or other documents be provided to the court? If so, what formalities must be followed with regard to these documents? There are no specific formalities required for the appointment of a lawyer to make the halt application ( there are no requirements for notarize office of lawyer or similar to be provided to the motor hotel ). consequently, an collar application can be made quite swiftly. Provided that the necessity subscribe documents are available to prove that the claim exists and that a grind for catch exists, the arrest application can be filed on the like day as the instructions are received. The application will be submitted to Aktørportalen ( the norwegian courts ’ web-based portal vein ), which is now mandatary to use for attorneys in most courts in Norway .Ship maintenance ship care Who is responsible for the maintenance of the vessel while under arrest? The owner is normally responsible for the maintenance of the vessel while under arrest, while the arresting party is responsible for ensuring that the port dues that may accrue during the halt period are paid, hence the necessity for security for port dues. The owner is, however, distillery creditworthy for the port dues towards the arresting party .Proceedings on the merits Proceedings on the merits Must the arresting party pursue the claim on its merits in the courts of your country or is it possible to arrest simply to obtain security and then pursue proceedings on the merits elsewhere? There is no requirement for the merits of the claim to be pursued in norwegian courts. Provided that the conditions for the arrest are satisfied, the vessel may be arrested for security only .Injunctions and other forms of attachment Injunctions and other forms of attachment Apart from ship arrest, are there other forms of attachment order or injunctions available to obtain security? With few exceptions, it is possible to arrest all assets owned by the debtor, as security for monetary claims pursuant to the general rules on apprehension in the Enforcement Act. An injunction order may be obtained for non-monetary claims, as an interim security meter. furthermore, the creditor can obtain a charge on assets belonging to the debtor, which besides can serve as grounds for the forced sale of the assets, subjugate to the rules in the Enforcement Act. With respect to the check of assets and injunction orders, a sufficient cause for the security measure must be demonstrated ( the Dispute Act sections 33-2 ( 1 ) and 34-1 respectively ). even though sufficient cause can be demonstrated, such security measures may be denied by the court on a discretionary footing if there are hard considerations in favor of not arresting the object or granting the injunction order .Delivery up and preservation orders Delivery astir and preservation orders Are orders for delivery up or preservation of evidence or property available? Orders for batten and accessing tell before litigation has commenced can be obtained pursuant to the Dispute Act Chapter 28. To access or guarantee evidence pursuant to the Dispute Act section 28-2 there must be an at hand risk of the evidence being lost or destroyed or significantly impair or another cause that makes it particularly important to access or secure it. It is besides possible to obtain an ordering for the confiscation of an asset of the defendant to be taken into hands or administration as an interim measure pursuant to Chapter 34 of the Dispute Act. The reason for such confiscation must either be that the defendant ’ s demeanor gives reason to believe that the legal proceedings or the enforcement of the claim will be significantly impeded, or that it is necessary in a challenge legal region to prevent substantial price or inconvenience or to avoid repercussions that the conduct of the defendant gives reason to fear .Bunker arrest and attachment Bunker collar and attachment

Is it possible to arrest bunkers in your jurisdiction or to obtain an attachment order or injunction in respect of bunkers? Bunkers may be arrested in accordance with the lapp rules that apply to early assets. The call must be against the owner of the bunkers, and a sufficient induce for the check must be shown. From a practical point of scene, the catch of the vessel ’ s bunkers may be american samoa effective as arresting the vessel itself. The courts may, at their own discretion, deny granting the arrest if the practical difficulties and trouble caused to the vessel owner or other third base parties are disproportionate to the interests of the arresting party. Judicial sale of vesselsEligible applicants eligible applicants Who can apply for judicial sale of an arrested vessel? A discriminative sale of a vessel arrested in Norway can inter alia be applied for by a beneficiary under a register mortgage having a claim that is due for requital, or benefactive role under a registered enforcement lien in the vessel, see the Enforcement Act Chapter 11. An apprehension of a vessel will not give the arresting party an automatic right to initiate judicial sale proceedings of the vessel. To request for an enforcement spleen, the claim must be eligible for enforcement under the Enforcement Act, which means that the claim must have fallen due and the call must be eligible for enforcement. such basis for enforcement can, inter alia, be a final and binding opinion on the claim, a court colony or an arbitration award. alien judgments from EU countries, Switzerland and Iceland will be recognised and enforced capable to and in accordance with the Lugano Convention. With regard to extraneous arbitration awards, Norway is a party to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and will recognise and enforce arbitral awards on the like terms. however, Norway has made the reservation that only awards made in the district of another contracting submit of the convention will be recognised and enforced .Procedure procedure What is the procedure for initiating and conducting judicial sale of a vessel? How long on average does it take for the judicial sale to be concluded following an application for sale? What are the court costs associated with the judicial sale? How are these costs calculated? The claimant must file a prayer for the judicial sale of the vessel. Unless the claimant already has a mortgage or enforcement lien in the vessel, the request can only be filed after the enforcement spleen is registered. The owner will be given the opportunity to present its encase anterior to the court deciding if it shall grant or reject the petition for judicial sale. At this stage, and up until one month after the petition has been served, the owner can avoid the judicial sale by paying the claim and the costs in connection with the proceedings, including port dues, court fees etc. If or when the request is granted, the motor hotel will decide whether the sale shall be carried out by auction ( auction sale ) held by the woo or an enforcement officer, or by average ( judicial ) sale through a court-appointed administrator ( normally a shipbroker ) ( assisted sale ), based on which procedure will give the highest sale price for the vessel. The claimant decides whether the final offer is to be affirmed by the court however the court can not affirm the bid if the price in the bid does not cover all claims, if any, with higher priority than the claimant ’ mho claim. See the Enforcement Act segment 11-28 ( for assisted sale ) and section 11-50 ( for auction sale ). Further, the court can not affirm the bid if it considers that further efforts to consequence a sale may result in a higher sale price, the Enforcement Act section 11-30. If and when the offer is affirmed, and after the sale proceeds are received, the court will distribute the sales proceeds according to the priority of the relevant claims. If the claimant ’ randomness title is not on first precedence, all claims with higher precedence will be covered to the full moon sum secured before the claimant ’ sulfur claim. The timeline for a judicial sale process depends on several factors, most importantly the motor hotel ’ sulfur workload, whether the court ’ second decision is appealed and whether the country of the sale and purchase grocery store for the relevant vessel is liquid enough to get an extend that is acceptable. The motor hotel decision summons on the discriminative sale generally takes approximately one to three months, whereas the judicial sales process normally takes between two and six months. The court fees for 2020 are :

arrest petition: 2,930 kroner;
enforcement petition (judicial sale): 1,289 kroner;
additional fee if the court decides to carry out the judicial sale: 7,383 kroner;
appeal to the appeal court: 7,032 kroner; and
daily fees in the district court:
- day 1: 5,860 kroner;
- days 2-5: this amount will increase by 3,516 kroner per day; or
- from day 6: this amount will increase by 4,688 kroner per day.

A judicial sale may besides incur port dues and remuneration for the shipbroker or administrator .Claim priority claim priority What is the order of priority of claims against the proceeds of sale? If the claimant does not have highest precedence on its security for the title, all claims with higher precedence will have to be covered to the full moon secured amount before the claimant will receive any proceeds of the sale californium. the Enforcement Act sections 11-20 and 11-21. This entails that the court can not accept a offer if not all encumbrances in the vessel with higher priority than the claimant ’ randomness security will be covered to the broad amount by the bid. The proceeds of the sale shall be distributed in accordance with the postdate order :

court fees and the court-appointed administrator’s remuneration;
costs in connection with the accession that the buyer shall not cover itself, such as document and registration fee (if this has not been agreed to be covered by the buyer);
maritime liens (in order of priority as listed in section 51 of the Norwegian Maritime Code, cf section 52 of the Norwegian Maritime Code);
mortgages, similar registered encumbrances based in contract and enforcement liens (all including interest); and
unsecured debt.

Legal effects legal effects What are the legal effects or consequences of judicial sale of a vessel? All liens and encumbrances on the vessel, including maritime liens, will be extinguished by the judicial sale so that the buyer will have a clean claim. however, if there are non-monetary rights registered in the vessel with higher precedence than the claimant ’ south claim, those rights will follow the vessel ( eg, a register preemption ). For non-monetary rights with the same priority as the claimant or lower, such rights may be discharged by the court should it be necessary for the sale of the vessel, the Enforcement Act section 11-21, second paragraph .Foreign sales Foreign sales Will judicial sale of a vessel in a foreign jurisdiction be recognised? Norway is a member of the International Convention for the Unification of Certain Rules Relating to Maritime Liens and Mortgages 1967. If a judicial sale of a norwegian vessel takes place in a alien legal power, such sale will be recognised provided the vessel is within the legal power of a contracting country of the convention at the time of sale, and the judicial sale is performed in accord with both the national law of that legal power and the provisions of the convention, see the norwegian Maritime Code department 76 .International conventions International conventions Is your country a signatory to the International Convention on Maritime Liens and Mortgages 1993? Norway is a signer to the International Convention on Maritime Liens and Mortgages 1993, but the convention has not been ratified and is not in force in Norway. Carriage of goods by sea and bills of ladingInternational conventions International conventions Are the Hague Rules, Hague-Visby Rules, Hamburg Rules or some variation in force and have they been ratified or implemented without ratification? Has your state ratified, accepted, approved or acceded to the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea? When does carriage at sea begin and end for the purpose of application of such rules? Norway is a signer to the Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules. The Hague-Visby Rules are the entirely rules that have been ratified. The norwegian Maritime Law Commission has recommended that the Rotterdam Rules should be ratified, but only after it becomes clear that this will be the fresh standard – presumably not before the US or the largest EU states ratify the Convention. The Hague-Visby Rules have been implemented in the norwegian Maritime Code, with sealed modifications. With respect to the Hamburg Rules, the norwegian Maritime Code has certain elements from it ( the Hamburg Rules were of great importance when drafting the norwegian Maritime Code, however, such elements were only implemented to the extent deemed compatible with the Hague-Visby Rules ). Norway has amended some of the rules then that the rights are more favorable for the cargo owners than the Hague-Visby rules stipulates unless expressly waived by the cargo owner. This relates particularly to the following two categories :

the owner is responsible for the goods from the time and place when the owner is left in charge of the goods. This replaces the tackle-to-tackle principle of the Hague-Visby Rules, which only applies if the cargo owner expressly waives such right; and
livestock and deck cargo are made subject to special liability provisions that cannot be contracted out of. For deck cargo, this includes that transportation of goods on deck with an express provision to transport below deck leads to loss of the liability limits set out in Chapter 13 of the Norwegian Maritime Code as well as strict liability for damage caused solely by the cargo being placed on deck. As regards transportation of livestock, the liability will follow the general liability rules in Chapter 13, unless loss or damage is caused by any particular risks associated with livestock.

Multimodal carriage Multimodal baby buggy Are there conventions or domestic laws in force in respect of road, rail or air transport that apply to stages of the transport other than by sea under a combined transport or multimodal bill of lading? Norway has domestic legislation that incorporates the convention on the Contract for the International Carriage of Goods by Road 1956, the Convention concerning International baby buggy by Rail 1980 ( as amended by the protocols of 1990 and 1999 ) and the Convention for the Unification of Certain Rules for International Carriage by Air 1999, all of which Norway is a party to .Title to sue title to sue Who has title to sue on a bill of lading? Any lawful holder of the bill of lading will normally have a claim to sue pursuant to the Dispute Act, provided that the circular of cargo is subject to norwegian legal power. The legal claim must be based in law, contract or tort, the claimant must have an adequate joining to the quarrel, normally by having a legal or equitable interest, and legal proceedings must be sanely required in arrange to maintain the claimant ’ mho rights .Charter parties charter parties To what extent can the terms in a charter party be incorporated into the bill of lading? Is a jurisdiction or arbitration clause in a charter party, the terms of which are incorporated in the bill, binding on a third-party holder or endorsee of the bill? Provisions of the charter party may be invoked against a one-third party if the bill of lading includes a reference to such provisions and provided the relevant provisions are not contradictory to mandatary law. The norwegian Maritime Code contains specific limitations as to agreements in terms of legal proceedings. Any agreement in advance that limits the correct of the plaintiff to have a legal dispute relating to the carriage of general cargo according to the relevant legal provisions settled by legal proceedings, is invalid in so far as it limits the right of the plaintiff at its own discretion to bring an action before the court at the place where :

the defendant’s principal place of business is situated, or place of residence if the defendant has no principal place of business;
the contract of carriage was concluded, provided the defendant has a place of business or an agent there through whom the contract was concluded;
the place of receipt for carriage according to the contract of carriage is situated; or
the agreed or actual place of delivery according to the contract of carriage is situated.

This does not prevent an natural process from being brought before the court of the stead designated in the compress of passenger car with a watch to legal proceedings. If a bill of ladle is issued pursuant to a rent party that contains a provision concerning the settlement of disputes by legal proceedings or arbitration, but the charge of lading does not expressly state that the provision is binding on the holder of the bill of load, the carrier can not invoke the provision against a holder of the circular of lading who has acquired it in estimable faith. far, an action concerning a sign for the carriage of general cargo in trade between two states can in any case be brought at the stead or at one of the places to which the case has such connection as mentioned above or at another locate in Norway agreed on by the parties. The above does not apply if neither the agree station of delivery nor the match or actual place of pitch is located in Norway, Denmark, Finland or Sweden, or if the Lugano Convention of 2007 provides otherwise .Demise and identity of carrier clauses demise and identity of carrier wave clauses Is the ‘demise’ clause or identity of carrier clause recognised and binding? The main principle under the norwegian Maritime Code is that the carrier remains liable under the relevant provisions as if the carrier had performed the integral passenger car itself. Depending on the circumstances, an ‘ identity of carrier ’ article may be considered void as it contradicts the above principle, which in many cases is compulsory. If it has been expressly agreed that a certain depart of the carriage shall be performed by a named sub-carrier, the carrier may, however, make a booking exempting itself from indebtedness for any loss caused by an consequence occurring while the goods are in the custody of the sub-carrier. The burden of proving that the loss was caused by such an event rests on the mailman. such mental reservation can nevertheless not be invoked if an natural process against the sub-carrier can not be brought before a court competent in according to the norwegian Maritime Code .Shipowner liability and defences Shipowner liability and defences Are shipowners liable for cargo damage where they are not the contractual carrier and what defences can they raise against such liability? In particular, can they rely on the terms of the bill of lading even though they are not contractual carriers? If the carriage is performed wholly or in region by a sub-carrier, the carrier in general remains liable as if the carrier had performed the entire carriage itself. The carrier may however make certain reservations while the goods are in the hands of the sub-carrier. If both the carrier and the sub-carrier are apt, they are jointly and independently apt. If the bill of lading issued contains other terms than those stated in the rent agreement and this increases the liability of the carrier, a voyage charterer or time charterer shall hold the carrier harmless .Deviation from route deviation from route What is the effect of deviation from a vessel’s route on contractual defences? The norwegian Maritime Code does not address specifically deviation ( as opposed to previous legislation ). The general rule in terms of transgress of contract and liability will apply. If a vessel intentionally deviates from its route, this will normally be considered a rupture of sign. Under the norwegian Maritime Code, the carrier is liable for losses resulting from the goods being lost or damaged while in its detention ( unless the mailman shows that the loss was not ascribable to its personal demerit or neglect or that of anyone whom the carrier is creditworthy ), including as a solution of the stay. If the goods have not been delivered within 60 days of the day when they should have been delivered, damages can be claimed for loss of goods. The carrier is, however, not liable for losses resulting from measures to rescue persons or fair measures to salvage ships or other property at ocean .Liens Liens What liens can be exercised? Under the norwegian Maritime Code, claims against an owner are in general secured by maritime liens against the vessel, in so far as they relate to :

wages and other sums due to the master and other persons employed on board in respect of their employment on the vessel;
port, canal and other waterway dues and pilotage dues;
damages in respect of loss of life or personal injury occurring in direct connection with the operation of the vessel;
damages in respect of loss of or damage to property, occurring in direct connection with the operation of the vessel, provided the claim is not capable of being based on contract; and
salvage reward, compensation for wreck removal, and general average contribution.

A maritime lien besides arises against the vessel if the claim is against the shipowner, charterer, coach or any person to whom the owner has delegated its functions. Under the norwegian Maritime Code, a nautical spleen is attached to cargo for the security of :

a claim in respect of salvage reward and general average contribution;
a claim arising in consequence of the fact that the carrier or the master in accordance with its statutory authority has entered into a contract, taken action or incurred expenditure on the account of the cargo-owner, and a cargo owner’s claim for compensation for goods sold for the benefit of other cargo owners; and
a claim by the carrier arising out of the chartering agreement, insofar as the claim can properly be brought against the person claiming delivery.

The carrier in general besides has a properly of retention in the cargo until the telephone receiver has either paid the claims or given security for them. A spleen or mortgage may besides be established by agreement. There are separate requirements in arrange to have such security perfected .Delivery without bill of lading delivery without circular of lading What liability do carriers incur for delivery of cargo without production of the bill of lading and can they limit such liability? A recipient can alone demand rescue if the telephone receiver deposits the bill of lading and issues receipts as and when the goods are delivered. If the aircraft carrier delivers the cargo without presentation of a circular of ladle, and a bill of lading holder late appears, the carrier has no defense and will be liable towards the holder of the circular of load. The carrier wave can not avoid liability by referring to the fact that the position was carefully considered prior to delivery. The carrier wave can besides not trust on contractual exemptions or limit clauses. If the goods are delivered to a liquidator that does not present a poster of load, the carrier should request an undertake or a guarantee ( letter of damages ). If a holder of a bill of lading late appears and directs a claim towards the carrier, the carrier wave can claim indemnity under such undertake or guarantee .Shipper responsibilities and liabilities Shipper responsibilities and liabilities What are the responsibilities and liabilities of the shipper? The norwegian Maritime Code distinguishes between the ‘ sender ’, being the person who enters into a contract with a carrier for the carriage of general cargo by sea, and the ‘ shipper ’, being the person who delivers the goods for passenger car. There are several provisions under norwegian law setting out the responsibilities and liabilities of the shipper and the sender. The main responsibilities and liabilities under the norwegian Maritime Code are as follows. The goods shall be delivered by the shipper at the stead and within the period of clock as indicated by the aircraft carrier. It shall be delivered in such a way and in such a condition that it can be handily and safely brought on board, stowed, carried and discharged. The shipper is responsible to the carrier for the accuracy of the statements relating to the goods entered in the poster of lading at the request of the shipper. If the shipper has undertaken to indemnify the carrier for losses arising from the issue of a circular of lading containing faulty information or containing no reservation, the shipper is, however, not apt if the write out was intended to mislead an acquirer of the bill of load. If the goods need to be handled with special manage, the transmitter shall in due time give notice thence, and state of matter the measures that may be required. If the transmitter renounces the contract before the carriage has commenced, the carrier is entitled to damages for passing of cargo and other losses. If the transmitter or the receiver requests break of the carriage and pitch of the goods elsewhere than at their destination, the carrier is entitled to damages for loss of cargo and other losses If the goods are delivered to the receiver without payment of such claims against the transmitter as the receiver should have paid, the transmitter remains liable, unless the rescue entails losses for the transmitter and the carrier wave must have realised this. dangerous goods shall be marked as dangerous in a suitable manner. The transmitter shall in due time notify the carrier and the subcarrier to whom the goods are delivered of the dangerous nature of the goods and indicate the necessary guard measures. If the sender differently is aware that the goods are of such a nature that their carriage may involve danger or significant trouble to persons, ship or cargo, the transmitter shall besides give notice of this fact. The transmitter is not liable for losses caused to the carrier wave or sub-carrier, including damage to the embark, which arises without any fault or neglect on the separate of the transmitter personally or of anyone for whom the sender is responsible. No one the transmitter is creditworthy for is liable for losses that arise without any fault or neglect of that person personally or that of anyone for whom such person is creditworthy. If the sender has delivered dangerous goods to the carrier or a subcarrier without informing them of the dangerous properties of the goods and the necessity precautions, and if the person receiving the goods is not otherwise mindful of their dangerous properties, the sender is, however, liable to the carrier and to any subcarrier for costs and other losses in consequence of the carriage of such goods. Shipping emissionsEmission control areas Emission manipulate areas Is there an emission control area (ECA) in force in your domestic territorial waters? International Convention for the Prevention of Pollution from Ships ( MARPOL ) Annex VI is implemented in norwegian law. The North Sea area is designated as an ECA under Regulation 14 of MARPOL Annex VI. Norway has besides adopted certain specific regulations for SOx and NOx discharge, including in the norwegian global heritage fjords .Sulphur cap Sulphur cap What is the cap on the sulphur content of fuel oil used in your domestic territorial waters? How do the authorities enforce the regulatory requirements relating to low-sulphur fuel? What sanctions are available for non-compliance? The International Convention for the Prevention of Pollution from Ships ( MARPOL ) Annex VI is implemented in norwegian police. The EU Sulphur Directive ( Directive ( EU ) 2016/802 ) is besides implemented in norwegian law. The follow sulphur emission capital applies through MARPOL :

outside an ECA established to limit SOx and particulate matter emissions: 0.5 per cent m/m (on and after 1 January 2020); and
within an ECA (as per above, the North Sea area is designated as an ECA) established to limit SOx and particulate matter emissions: 0.10 per cent m/m.

In addition, there are certain particular requirements ( including as a solution of the EU Sulphur Directive ) :

for ships or movable installations moored at berth or at anchor in port: 0.10 per cent m/m;
for passenger ships sailing on a route to or from harbours in the European Economic Area that are located in Norwegian territorial water or economic zone: 1.50 per cent m/m; and
for ships in Norwegian world heritage fjords: 0.10 per cent m/m.

There are assorted sanctions available, including orders, fines, withdrawal of permits, detentions ampere well as prison in case of serious breaches, typically in case of gross negligence or willful misbehave. Ship recyclingRegulation and facilities regulation and facilities What domestic or international ship recycling regulations apply in your jurisdiction? Are there any ship recycling facilities in your jurisdiction? The EU Ship Recycling Regulation ( Regulation ( EU ) 1257/2013 ) on safe and sound ship recycle is implemented in norwegian law. The Basel Convention, implemented in the european Economic Area through the Waste Shipment Regulation ( EU 1013/2006 ), is besides implemented in norwegian police and is applicable to ships being taken out of service and considered godforsaken. There are besides respective more general regulations, such as those related to health, safety and the environment, that will cover ship recycling. Under the EU Ship Recycling Regulation ships flying the flag of a member department of state may be recycled only in ship recycling facilities included in the european tilt of embark recycling facilities. Seven recycling facilities in Norway have been included on the european list. Norway is besides a signer to the Hong Kong International Convention for the condom and environmentally fathom recycling of ships ( the Hong Kong Convention ). The Convention has not however entered into coerce. Jurisdiction and dispute resolutionCompetent courts competent courts Which courts exercise jurisdiction over maritime disputes? The ordinary courts of Norway have jurisdiction over maritime disputes that are subject to the jurisdiction of Norway, provided the parties have not agreed otherwise. There are three court instances : the district courts, the courts of appeal and the Supreme Court. The first woo of case is the relevant zone court. Decisions by the zone court may be subject to appeal to the courts of appeal. A decision by the courts of invoke may be subject to appeal to the Supreme Court. The parties may agree that an agreement or a matter shall be subject to arbitration .Service of proceedings Service of proceedings In brief, what rules govern service of court proceedings on a defendant located out of the jurisdiction? Norway has ratified the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or commercial Matters, and the convention has been implemented in norwegian law. Service of woo proceedings on a defendant located out of the jurisdiction may be completed in accordance with the regulation of the Convention .Arbitration arbitration Is there a domestic arbitral institution with a panel of maritime arbitrators specialising in maritime arbitration? maritime agreements are frequently agreed between the parties to be subject to arbitration. In Norway, maritime arbitration has previously been subject to average ad hoc arbitration, which remains the most common way of solving a dispute under arbitration, however, with a exercise to nominate maritime specialists as arbitrators. In 2017, the Nordic Offshore and Maritime Arbitration Association ( NOMA ) was established on the enterprise of the Danish, Finnish, norwegian and swedish Maritime Law Associations. This has provided Norway with an arbitration venue that will serve as an alternative to, for exercise, arbitration in London, and is a natural choice when an agreement is governed by norwegian law or another nordic police. noma has established break rules for the arbitration based on UNCITRAL Arbitration Rules, arsenic well as Best Practice Guidelines. While NOMA is a relatively newly established mental hospital, it is gaining grip. nordic players are increasingly opting for NOMA as a dispute resolution mechanism, and the NOMA Best Practice Guidelines are much used in non-NOMA ad hoc arbitrations, being recognised as a code of Nordic best commit. New fast chase arbitration rules were established by NOMA in 2021 .Foreign judgments and arbitral awards foreign judgments and arbitral awards What rules govern recognition and enforcement of foreign judgments and arbitral awards? In Norway, both domestic law and treaties govern the recognition and enforcement of foreign judgements. Norway is a party to several international treaties for the recognition and enforcement of alien judgements. It should be mentioned :

the convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of (the Lugano Convention);
the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
the convention between Norway, Denmark, Finland, Iceland and Sweden on recognition and enforcement of judgments in civil matters; and
bilateral treaties and treaties within specific legal areas.

Asymmetric agreements asymmetrical agreements Are asymmetric jurisdiction and arbitration agreements valid and enforceable in your jurisdiction? asymmetrical legal power and arbitration agreements are, in principle, valid and enforceable between commercial parties. There are sealed possibilities to having such agreement set apart such as under the European Convention on Human Rights article 6, a well as under the Contract Act where there are certain specify possibilities to set aside contracts in whole or in separate if it will be considered unreasonable or contradictory to sound business practice to enforce the agreement .Breach of jurisdiction clause rupture of legal power clause What remedies are available if the claimants, in breach of a jurisdiction clause, issue proceedings elsewhere? The sagacity may be challenged and not recognised in accordance with the provisions of relevant treaties, such as the Lugano Convention section 11 ( Recognition ). What remedies are there for the defendant to stop domestic proceedings that breach a clause providing for a foreign court or arbitral tribunal to have jurisdiction? If there is an agreement between the parties for a extraneous court or arbitral court to have legal power, the norwegian courts will, in most circumstances, be considered to not have jurisdiction over the case, and the font shall then be rejected by the courts. Limitation periods for liabilityTime limits Time limits What time limits apply to claims? Is it possible to extend the time limit by agreement? The general restriction period under norwegian law is three years. extra circumstances and special regulation may entail early limitation periods or extensions, or both. The norwegian Maritime Code contains certain special rules relating to meter limitation that will supersede the general rules. certain examples : Claims for salvage reward or special recompense, claims related to collision and claims that originate under a passage contract are topic to a time restriction of two years. Claims for a partake of a salvage advantage or of special recompense, claims in association with the carriage of goods or of incomplete or incorrect statements in a bill of lading and claims in connection with the general median are subject to a time specify of one class. The debtor may agree to an extension of the fourth dimension specify for three years at a meter, up to a maximum of 10 years from the original termination. It can, however, not be agreed in advance that time limitations shall not apply .Court-ordered extension court-ordered reference May courts or arbitral tribunals extend the time limits? No. beginning of legal proceedings will suspend the time limit. MiscellaneousMaritime Labour Convention Maritime Labour convention How does the Maritime Labour Convention apply in your jurisdiction and to vessels flying the flag of your jurisdiction? The Maritime Labour Convention has been ratified by Norway. The Maritime Labour Convention is implemented in the Ship Labour Act and the Ship Safety and Security Act. Both acts apply to vessels flying the flag of Norway ( however, the regulation may besides apply to other vessels ). The norwegian Maritime Authority ( NMA ) issues the DMLS Part I. The shipowner should complete the DMLC Part II. The NMA or one of the recognize organisations ( RO ) ( typically certain nominate classification societies ) will complete an MLC inspection upon request by the shipowner, following which the MLC security will be issued. The MLC Certificate is issued based on the issued DMLC Part I, DMLC Part II and the completed MLC inspection .Relief from contractual obligations relief from contractual obligations Is it possible to seek relief from the strict enforcement of the legal rights and liabilities of the parties to a shipping contract where economic conditions have made contractual obligations more onerous to perform? The independent principle under norwegian law is the principle of contractual exemption. There are restrict possibilities to seek relief from the hard-and-fast enforcement of the legal rights and liabilities of the parties. There is a possibility to set aside contracts in unharmed or in part if it will be considered excessive or confounding to sound business exercise to enforce the contract. norwegian courts will, however, rarely use this possibility to revise contracts between professional parties – this possibility will entirely be applied by the courts in exceeding circumstances .Other noteworthy points other noteworthy points Are there any other noteworthy points relating to shipping in your jurisdiction not covered by any of the above? Norway has a tonnage tax regimen, being a limited tax government for the embark diligence where qualifying transportation companies are exempt from tax on their ship income. rather, the companies within the government pay a moderate tax calculated on tonnage owned – and to a certain extent leased – by the ship’s company. The regimen is only available for norwegian ( individual and populace ) limited indebtedness companies. The regimen is ‘ ring fence ’, intend there are stern rules governing what assets a company within the regimen must and can own, and besides on what clientele can be conducted. In broad strokes, a company within the government can only conduct business in the form of owning and operating modify vessels ; which are traditional transport vessels and offshore service vessels ( the process and capabilities of the latter must be limited against ‘ core ’ vegetable oil production activities ). To qualify, a company within the regimen must directly or indirectly own a minimum of 3 per cent of the qualifying vessel. A tonnage taxed company may besides own certain let assets, such as list securities, but other assets than ‘ qualifying ’ and ‘ permitted ’ assets are disqualifying. Although embark income is tax exempt, certain fiscal income will be taxable, such as pastime income and certain currency gains, etc. Update and trendsKey developments of the past year keystone developments of the past class Are there any emerging trends or hot topics that may affect shipping law and regulation in your jurisdiction in the foreseeable future? The norwegian fantan has approved changes to the norwegian Maritime Code and the Act on the norwegian International Ship Register to allow for impermanent bareboat registration of vessels in and out of the norwegian transport registries ( NOR and NIS ). As of 1 July 2020, vessels registered in NOR and NIS are allowed to be temp bareboat registered in a extraneous ship register, and vessels registered under the flag of foreign transport register are allowed to be irregular bareboat registered in NOR or NIS. The amendment provides tractability and increases the attraction of the norwegian ship registries. The variety may besides increase the attractiveness of sale-leaseback transactions for norwegian shipowners .Coronavirus Coronavirus What emergency legislation, relief programmes and other initiatives specific to your practice area has your state implemented to address the pandemic? Have any existing government programmes, laws or regulations been amended to address these concerns? What best practices are advisable for clients? The norwegian Government has implemented respective regulations on maritime activities as a response to the coronavirus pandemic. As the regulations are amended frequently, a nautical actor is advised to check the websites of the norwegian Maritime Authority and the norwegian Coastal Administration for information on up to date translation of applicable regulations : The come is an overview of the relevant regulations in force as of 21 April 2021 .Entry to Norwegian ports entrance to norwegian ports norwegian ports are receptive for the transport of goods. Certain local patrol districts have imposed shore leave restrictions, but by and large, the load and drop of goods is allowed in ports. For far details on local anesthetic shore leave restrictions, please visit the websites of the norwegian Police .Crew changes Crew changes The cosmopolitan rationale is that only norwegian citizens are permitted to enter Norway. however, an exception is made for foreign seamen en path to – or from – active serve with an identity card as specified in section 2-8 of the Immigration Regulations, or a filipino Seafarer ’ s Identification and Record Book or a philippine national pass as specified in section 3-1 ( j ) of the norwegian Immigration Regulations. Personnel, as categorised above, shall register their contact information anterior to arrival in Norway, and carry out an entry quarantine. The entrance quarantine applies to both leisure and work hours. however, after having tested negative for SARS-CoV-2 on a test taken during the foremost 24 hours after arrival in Norway, angstrom well as a PCR quiz that was taken no earlier than three days after arrival in Norway, the mariner can start working. At this time, quarantine entirely applies for leisure. The quarantine is completed after 10 days, or when they test negative on a PCR test taken no earlier than seven days after arrival in Norway. quarantine on board the vessel can alone be carried out in a individual cabin. The employer is responsible for organising and carrying out tests for SARS-CoV-2. In the event that the mariner tests positive for SARS-CoV-2, the mariner shall go into isolation, and the employer shall notify the municipality where the person resides, or most recently resided if the vessel has left the port. Vessels arriving in norwegian ports suspecting or having confirmed infection of SARS-CoV-2 on board shall report this to the norwegian authorities in accordance with the provisions of section 4 of the norwegian regulations relating to presentment of and measures in the event of serious incidents affecting external populace health .Coastal voyages coastal voyages The norwegian government has passed certain regulations specific to coastal voyages. Before a shipping party that offers coastal voyages within Norway ’ s territorial boundaries can start operating it must submit a design to the norwegian Directorate of Health, describing how the company will ensure complaisance with the applicable infection see requirements. The norwegian Directorate of Health may approve the starting signal of a coastal voyage if the ship company ’ mho plan as mention satisfactorily describes how the ship ship’s company fulfils infection see requirements. Law stated date

Snapshot: carriage of goods by sea in Norway

Bài viết liên quan

Latest posts

Bình luận mới nhất