Maritime Bergen Law Summer Programme

CONTENTS: Itinerary for Monday to Friday both weeks, as well as information about the organisations you will be visiting, and introduction of lecturers and their topics. PRESENTED BY: NNH Centre for shipping and logistics, Maritime Bergen and The Norwegian China Law Centre, Maritime Bergen Law Faculty of Law, University of Bergen Summer Programme

2019

WORDS OF WELCOME

Welcome to Bergen!

We are very pleased that you have now arrived safely to Bergen and the Marken guesthouse. We hope that your travel from China and USA was pleasant.

We are proud to welcome you to the second edition of the Maritime Bergen Law Summer Programme. We believe it will be two informative, interesting and intense weeks where you will get introduced to Maritime Law in abroad sense, and where you will gain insight into the Maritime Business going on in Bergen and the wider Bergen region.

In addition to the knowledge you will gain, we also hope you will make new friendships and that Chinese, American and Norwegian students will learn from each other and form networks that will prove to be valuable in your future careers.

We are looking forward to seeing you Sunday 4 August for a social get together where we can start to get to know each other and lay the foundation for a good atmosphere and blooming friendships over the coming two weeks.

The programme starts with a social and adventurous gathering on Sunday 4 August so that we can start to get to know each other before the official programme starts on Monday. We will pick you up at the guesthouse at 10:15 am. You will be taken by bus to Høyt & Lavt, which is Western Norway’s largest climbing park. We will arrive at the park at approximately 11:00 am, where we will help each other through climbing routes of different level of difficulty. We will have lunch at the park, before the bus will take us back to the city and guesthouse at 15:00 am.

Until then, enjoy your time exploring Bergen and make sure to get some rest after the long journey!

Greetings and a warm welcome from Bjørnar Borvik and the rest of the team!

DO YOU NEED TO GET IN TOUCH WITH US?

Professor Bjørnar Borvik Phone: + 47 402 80 030 Head of the MBLSP, Faculty of Law, UiB [email protected]

Maria Holme Lidal Phone: + 47 975 29 688 MBLSP Coordinator, Faculty of Law, UiB [email protected]

Line Andersen Phone: +47 938 94 716 MBLSP Coordinator, Maritime Bergen [email protected]

Hanne Haugland Nesbø, Phone: + 47 477 56 298 Trainee, Maritime Bergen, [email protected] Contact person during field trips and visits

Kjersti Kalberg Phone: + 47 452 52 972 Trainee, Maritime Bergen, [email protected] Contact person during field trips and visits

Also, make sure to ask your fellow students for their contact details, so that you can plan things together during your free time, and assist each other when exploring Bergen.

IN CASE OF EMERGENCY PHONE NUMBERS

110 Fire 112 Police 113 Ambulance

116 117 Accident and emergency department Programme week 1

SUNDAY 4TH OF AUGUST:

10:15-15:00 Social gathering at Høyt og lavt Norwegian students will pick you up at the guesthouse at 10:15 (The bus will pick you up outside Hotel Terminus at 10:30)

MONDAY 5TH OF AUGUST

10:00-11:15 Official opening of the Maritime Bergen Law Summer Programme

11:00-11:30 Photo session

11:30-12:15 Lunch for programme participants and invited guests at the Faculty of Law

12:15-13:00 Guided tour of the law building and the university campus

13:15-14:15 Visit to Bergen Maritime Museum

14:15-15:15 Maritime City walk – guided by Hanne & Kjersti

NB! Please download the maritime walk-app at http://www.maritimvandring.no/eng

18:00-19:00 Mottakelse i Schøtstuene (17:30 departure Marken Gjestehus)

TUESDAY 6TH OF AUGUST

09:00-12:00 Doing business in Norway - An Introduction. Lecturers: Andreas Slettevold associate Wikborg Rein Law firm Christian James-Olsen, partner Wikborg Rein Law Firm

12:00-12:45 Lunch at the Faculty of Law

Departure to Solheimsviken

13:30-16:30 Visit to Gard

WEDNESDAY 7TH OF AUGUST

08:00-12:00 The Maritime Business Sector – Essential features. Lecturer: Professor Haiying Jia, NHH Norwegian School of Economics.

12:00-12:45 Lunch at the Faculty of Law

Departure to VilVite

13:30-16:00 Visit to VilVite – Ocean Exhibit

THURSDAY 8TH OF AUGUST

08:00-12:00 Competition Law and the Maritime Sector, Researcher PhD Ignacio Herrera Anchustegui, UiB and BECCLE

12:00-12:45 Lunch at the Faculty of law

Departure to Solheimsviken

PARALLEL SESSIONS:

13:30-14:30 Visit to DNV GL 13:30-14:30 Visit to GC Rieber

15:00-16:00 Visit to DNV GL 15:00-16:00 Visit to GC Rieber

FRIDAY 9TH OF AUGUST

08:00-12:00 An overview of the maritime liabilities that may Arise by the use of ships, by Professor Michael Tsimplis, City University Hong Kong

12:00-12:45 Lunch at the Faculty

12:45------Free time/Study

SATURDAY 10TH OF AUGUST & SUNDAY 11TH OF AUGUST

Time for self-study or for exploring Bergen (See the booklet with suggestions for activities)

Programme week 2:

MONDAY 12TH OF AUGUST

08:00-12:00 Contracts for the carriage of goods and passengers. Lecturer: Professor Filippo Lorenzon, Solicitor at Campbell Johnston Clarc Ltd.

12:00-12:45 Lunch at the Faculty of Law

PARALLEL SESSIONS:

13:45-14:45 Visit to Bergen Chamber of 13:45-14:45 Visit to Norwegian Hull Club Commerce (Klubben at Grand (Store Spisesal at Grand Selskapslokaler) Selskapslokaler)

15:00-16:00 Visit to Bergen Chamber of 15:00-16:00 Visit to Norwegian Hull Club Commerce

16:30 Dinner in Store salong, Grand Selskapslokaler - Hostet by Norwegian Hull Club

TUESDAY 13TH OF AUGUST

08:00-12:00 Liability for Damage, Loss and Delay Lecturers: Assistance Vice President & Head of Claims Kristian Valevatn, Skuld 12:00-12:45 Lunch at the Faculty of Law

PARALLEL SESSIONS:

13:15-14:15 Visit to SANDS 13:15-14:15 Visit to SSY (Grand Selskapslokaler) 14:40-15:40 Visit to SANDS 14:40-15:40 Visit to SSY (Grand Selskapslokaler)

WEDNESDAY 14TH OF AUGUST

08:00-12:00 Marine Insurance Lecturer: Dr.jur. Andreas Meidell, Thommessen Law firm

12:00-12:45 Lunch at the Faculty of Law

Transport by bus from Hurtigrutekaien at 13:00

13:30-15:00 Visit to Odfjell

THURSDAY 15TH OF AUGUST

08:00-12:00 Environmental Law and Marine Pollution Lecturer: Professor Sigrid E. Schütz, UiB

12:00-12:45 Lunch at the Faculty of Law

13:00-14:00 Visit to Bergen municipality with Bergen Havn (Port of Bergen) Kaigaten 4. Meeting room «Fana»

14:00-14:30 Departure to Bergen Havn

14:30-15:30 Guided tour of Port of Bergen

FRIDAY 16TH OF AUGUST

08:00-10:00 Jurisdiction and Choice of Law Lecturer: Professor Berte-Elen Konow, UiB

10:00-14:00 Study time & Lunch at the Faculty of Law

14:00-16:00 Nordic Arbitration. Lecturer: Øystein Meland, Wikborg Rein Law firm

Closing remarks

Evening Farewell gathering, with traditional Taco Friday (details will follow)

SATURDAY 17TH OF AUGUST

Free time

SUNDAY 18TH OF AUGUST

Departure

The Airport Express bus departs from the Bergen Bus Station and takes you to the airport in about 30 minutes. It leaves every 10 minutes during the busiest parts of the days.

The Light Rail takes you from the city centre to the airport in 45 minutes. On Sundays, the light rail departs every 30 minutes until 10:10, and then every 10 minutes until 7 pm.

Introducing week 1’s site visits

Bergen Maritime Museum (Bergen Seafarer Museum) presents the history of seafaring, its development and importance to Bergen and Norway, past and present. The museum has a spectacular exhibition of Viking ship models, as well as a library, photo service, ship register, film, educational service and talks.

Maritime City Walks app is a digital city guide that takes the user to the historic maritime sties in Bergen. The app lets the user choose a maritime walk and are guided around using the phone’s GPS location. Stops consist of buildings, vessels or places with special historical maritime value. Best of all, it’s free and with content provided by the expert at Bergen Seafarer Museum you can’t go wrong

GARD is a shipowner-controlled provider of P&I, marine and energy insurance products. Founded in Arendal in Norway, it is one of the largest marine insurers in the world, offering insurance to shipowners and operators, shipyards, contractors and oil companies. The group employs over 480 staff across 13

offices worldwide. The Bergen office has 50 employees.

VilVite: A science centre is a popular scientific experience – as well as a learning centre for technology and the natural sciences. One of the primary goals is to

inspire and motivate youth to learn more about the natural sciences and technology and choose an education in these subjects, to secure recruitment

within these fields in Norway.

DNV GL is a global quality assurance and risk management company. They provide classification, technical assurance, software and independent expert advisory services to the maritime, oil & gas, power and renewables industries.

GC Rieber is a privat owned company exercising proactive and long-term

ownership of a number of enterprises in the areas of industry. They aim to be a driving force in creating value for the future, both commercially and for the greater good.

Introducing week 2`s site visits

Bergen Chamber of Commerce and Industry's vision thrives to be the driving force behind making the Bergen region the most attractive commercial area of Norway. They are a politically neutral service organization, and the largest locally based organization in Bergen with over 2 800 members.

Norwegian Hull Club is a mutual marine insurance company serving Members & Clients worldwide. The Club ranks among the largest pure marine insurers in the world. Ther mission is to secure lives, health, environment and property.

SANDS Law firm: Their office in Bergen is one of the region's largest and oldest law firms and was established in 1948. They provide assistance within a wide range of business law areas, with a focus on clients in the private and public sector.

SSY: Simpson Spence Young, established in 1880, is the world´s largest independent shipbroker. They have the experience and expertise to provide client service across the globe.

The Odfjell Group is one of the world leaders in the global market for seaborne transportation and storage of chemicals and other specialty bulk liquids. Established in 1914, Odfjell pioneered the development of the chemical tanker trades in the 1950s and the tank storage business in the late 1960s.

The Municipality of Bergen is a geographically defined area that constitutes its own political and administrative unit in state formation. A municipality has partial autonomy in local affairs.

Bergen is Norway’s second largest port and is one of the most popular cruise destinations in Europe. Port of Bergen is operated by Bergen Havn – an inter- municipal company established in 1990, comprising the following 10 local authorities: Bergen, Askøy, Austrheim, Fedje, Fjell, Lindås, Meland, Os, Radøy, Sund, and Øygarden.

Introducing week 1’s lecturers: (In order of appearance)

ANDREAS SLETTEVOLD WIKBORG REIN LAW FIRM

Andreas Slettevold works as an associate at Wikborg Rein's Bergen office after graduating from the University of Bergen and attending the Maritime Bergen Law Summer Program in 2018. Slettevold has lived in China on several occasions, speaks Mandarin and wrote his comparing Norwegian and Chinese bankruptcy and property law.

©Wikborg Rein

CHRISTIAN JAMES-OLSEN WIKBORG REIN LAW FIRM

Christian James-Olsen is a partner of Wikborg Rein's Shipping Offshore practice, and recently returned to Bergen after managing the firm's Shanghai office for more than three years. James-Olsen has broad expertise within commercial law in general, although his main areas of practice are matters relating to offshore, supply industry, shipping and maritime law. James-Olsen has also served as Chairman of the Norwegian Business Association China.

©Wikborg Rein

Wikborg Rein is one of Norway’s largest and only Norwegian international law firm with offices in Shanghai, Singapore, London, Bergen and Oslo, and an alliance with a partner firm in Rio de Janeiro. Headquartered in Norway, home to one of the world's major and most active shipping and offshore clusters, and with offices around the world, the firm's shipping and offshore practice works within Norway and globally on projects and disputes across the shipping and offshore sector, including in relation to the construction, finance, operation and management of shipping and offshore assets. Wikborg Rein has been present in China with an office in Shanghai since 2002.

Topic: Doing business in Norway The session will focus on the legal framework and entry barriers in Norway relevant to an inbound investor within the maritime sector. The purpose is to give the attendees an overview over key features and particulars of the Norwegian legal system, M&A regulations, contract law and company law that

a foreign investor will have to take into consideration.

DR. HAIYING JIA NHH NORWEGIAN SCHOOL OF ECONOMICS

Dr. Haiying Jia has a PhD in Finance from Cass Business School in London, an international leading business school especially in the area of shipping, trade and finance. She worked in the hedge fund industry for a number of years in London before joining the academia at the Center for Applied Research (SNF) at NHH (Norwegian School of Economics) as a senior researcher. Recently Dr. Jia accepted a faculty position at the Department of Business and Management © NHH Science at NHH, which will start mid August. For the past academic year, Dr. Jia

has been a visiting scholar at MIT (Massachusetts Institute of Technology). Dr. Jia’s research interests are shipping economics and energy economics with a particular focus on the environmental performance of the shipping industry. Dr. Jia has published extensively on top journals on wide topics including, for instance, fuel efficiency, international trade and shipping finance. Her research is industry-oriented and aims at solving real problems for the industry.

NHH – Norwegian School of Economics is one of the leading business schools in Europe. NHH has an internationally recognised research environment and is the first choice for students who want to study business administration in Norway.

Topic: The Maritime Business Sector – Essential features. The lecture looks at the main actors and mechanisms within the maritime sector, with a specific focus on shipping companies. How is the shipping sector organized, and how did we arrive at this type of organization? What have been the main driving factors in the development of the shipping business? Why is Norway a major maritime nation, and what characterizes Bergen’s shipping milieu. In addition to a general overview and macro introduction to the business of shipping, the presentation will look more specifically at two different Bergen shipping companies – Odfjell and the KGJ-group – to explain how these two companies have become market leaders in their specific niches.

Required reading: • Jia, H. (2018), “Crude oil trade and green shipping choices”, Transportation Research Part D, 65: 618-624 (7 pages) https://www.sciencedirect.com/science/article/pii/S0308597X19303215?via%3Dihub • Tenold, S. and Theotokas, I. (2013), “Shipping Innovation: The different paths of Greece and Norway”, International Journal of Decision Science, Risk and Management, vol. 5, no.2, 142- 160. (20 pages)* https://tjinfo.uib.no/Vedlegg?id=c980754e5b3a7ac0cd5a562b7814dd34

PHD IGNACIO HERRERA ANCHUSTEGUI UNIVERSITY OF BERGEN, FACULTY OF LAW AND BERGEN CENTRE FOR COMPETITION LAW AND ECONOMICS (BECCLE)

Ignacio Herrera Anchustegui is a Researcher at the Faculty of Law of the University of Bergen, and member of the Bergen Center for Competition Law & Economics (BECCLE). His PhD (2017) on “Buyer Power in EU Competition Law” won the 2017 Concurrences PhD Award. Also, he was awarded the International Scholar-in- Residence scholarship by the American Bar Association for 2017. Ignacio’s area of interest is EU economic law, with a particular emphasis in public procurement, competition and energy law, topics in which he has published widely.

Topic: Competition Law and the Maritime Sector In this lecture we will introduce you to the competition regulation applicable to the maritime regime. Competition law’s aim is to ensure that markets work as efficiently as possible by preventing the players from entering into anticompetitive agreements or abusing their market power to the ultimate detriment of consumers.

We will cover the basics of the regulation by looking mainly at the European competition law model, but also comparing it to the US antitrust rules and the

Chinese competition laws.

Required reading: On general competition law:

• Slaugther and May: An Overview of the EU Competition Rules (June 2016) (24 pages) https://www.slaughterandmay.com/media/64569/an- overview-of-the-eu-competition-rules.pdf • Herrera Anchustegui, Ignacio. Competition Law Through an Ordoliberal Lens. Oslo Law Review (2015) (36 pages) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2579308 • Slaughter and May, Competition Law in China (November 2016) (32 pages) https://www.slaughterandmay.com/media/879862/competition- law-in-china.pdf

On competition law and the maritime sector:

• Vestager, Margrethe (European Commissioner for Competition).

Competition in maritime transport. (October 2015) (3 pages)

https://ec.europa.eu/commission/commissioners/2014-

2019/vestager/announcements/competition-maritime-transport_en

• Per Kr. Bryng; Martin Jonassen. Maritime transport services to be governed by general antitrust rules (4 pages) https://svw.no/contentassets/76cfe3247cef4b6b9e281dc057fd078f/ma ritime-transport-services-to-be-governed-by-general-antitrust-rules.pdf • Philip Bentley, QC, Wilko van Weert and Philipp Werner. Maritime transport subject to EU general competition law guidelines from 26 September 2013. Lexology (2013) (1 page) https://s3.amazonaws.com/documents.lexology.com/59df7ab1-090a- 4124-aa71-efdc3e308c46.pdf

PROFESSOR MICHAEL TSIMPLIS CITY UNIVERSITY HONG KONG Topic: Competition Law and the Maritime Sector Why is there a need for maritime law? Consider the following points: • Large areas of the seas (the High Seas) are not subject to the national jurisdiction of any State. • Ships are generally considered as subject to the jurisdiction of the flag State. • Ships of different flag States do collide (even on the open sea).

• There are no emergency services at the High Seas, and no state has an obligation to provide them. • Pollution at sea may be very difficult to control. • Even if one knows the shipowner, it is not easy to get him to court because he, as well as the shipping company, would most likely be in a foreign jurisdiction. These, as well as some other problems (for example piracy) led to the development of specialized courts dealing with shipping disputes which, more commonly than not had an international character. Nevertheless, the importance of Admiralty law is not historical but practical. Differences in the maritime laws of the various countries makes trade through the seas more complicated. As a result, the unification of maritime laws has been a desirable target. Presently maritime law includes a large number of International Conventions which codify and harmonise the laws of many nations. However the degree of harmonization differs depending on An overview will be provided on the liability of ships. Ships operate in the seas without having to pay for the usage of public space. In doing so they create risks for other ships, for people and for the environment. They are entitled to use the sea because they are registered in a state (the flag state) but they may cause damages, negligently or otherwise, in areas either within the jurisdiction of other states or in areas beyond national jurisdiction. They transverse the oceans for a purpose, normally the carriage of goods and people, but also for research or military purposes, servicing the offshore industry or for recreational purposes. Here we will focus on commercial ships. We will not discuss liabilities arising from the carriage of goods and people by sea nor for marine pollution because these are dealt with in separate seminars next week. In this seminar we will deal with the framework of maritime liability by discussing the following issues: 1. The scope of maritime law: What is a ship? 2. Liabilities arising from a shipping incident. In particular, collision liability, salvage liability, towage and pilotage liability, wreck removal and general average. 3. Protecting the shipping industry: Limitation of liability. 4. Protecting the maritime claimants: Arrest of ships.

The objective of your reading is to identify the issues on liability (civil as well as criminal), the way limitation of liability operated then and the views of the US senators concerning the UK shipping legislation. The loss of the Titanic led to the first Safety of Life at Sea Convention. It is a telling characteristic of law making that many of the international conventions on maritime law have been the product of shipping disasters.

Required reading: Robert Veal and Michael Tsimplis (2017): The integration of unmanned ships into the lex maritima. Lloyd’s Maritime and Commercial Law Quarterly, pp 303- 335 (33 pages)* https://tjinfo.uib.no/Vedlegg?id=280fb55b89bf2e9b9b4bc88e577a8eab

Course material: One of the best known shipping accidents has been that of the Titanic. All formal documents following the disaster can be found online at https://www.titanicinquiry.org/. From these documents I suggest you read (at least) the following: i) The speech of the Speech of Senator William Alden Smith https://www.titanicinquiry.org/USInq/USReport/AmInqRepSmit h01.php ii) The speech of Senator Isidor Raynor at: https://www.titanicinquiry.org/USInq/USReport/AmInqRepRayn or01.php iii) The British Wreck Commissioner’s Inquiry Report at: https://www.titanicinquiry.org/BOTInq/BOTReport/botRepFindi ngs.php iv) The petition for limitation of liability at: https://www.titanicinquiry.org/lol/wslpetition.phpv

Introducing week 2’s lecturers: (In order of appearance) PROFESSOR FILIPPO LORENZON

Filippo Lorenzon is Professor of Maritime and Commercial Law in the Southampton Law School at the University of Southampton. His is the former Director of the Institute of Maritime Law and a Member of its Governing Board. Filippo is Visiting Professor at Shanghai Maritime University and the East China University of Law and Political Science and a regular speaker at several overseas universities and international training centres. He has a LL.D. (Italy) and a LL.M. (Soton) and is fully qualified as an Avvocato in Italy and as a Solicitor © University of in England and Wales. Southampton School of Law Filippo is a Member of the ICC (UK) Committee on Transport and Logistics, the Italian Maritime Law Association (AIDiM), the British Maritime Law Association (BMLA), the European Maritime Law Organisation (EMLO) and the International Bar Association (IBA). He is also acted ad a Senior Legal Advisor of the World Bank and a Fellow of the Chartered Institute of Linguists. Filippo has been working with leading maritime and commercial law firms, in London, Genoa and Venice, and regularly advises in his areas of expertise.

Topic: Contracts for the carriage of goods and passengers. The main function of ships is that to serve the international trade industry and allow the carriage of physical commodities between different parts of the world. More recently, the industry has developed a strong consumer angle and the cruise industry has grown dramatically. These services are all based on contracts of different types. Some are complex, self regulating masterpieces of legal drafting, others are subject to compulsory international regulations. In this session we will be looking at the business and law of charter parties, bills of lading and the claims which can arise therefrom. We will also look at the international and European regulation of passengers of cruise vessels.

Course material: Athens Convention relation to the carriage of passengers and their luggage by sea, 2002*: • http://vedlegg.uib.no/?id=148b85de8c3bc4ac82269cd2fe07c0eb • Carriage of Goods by Sea Act 1971*: http://vedlegg.uib.no/?id=95e8bd051e5358d6c3645db0a6063a34 • Carriage of Goods by Sea Act 1992*: http://vedlegg.uib.no/?id=877d146ff841b19ebaedf2d60ed2e086 • Baltime 1939* http://vedlegg.uib.no/?id=7b78353014ce910c1ba68461ac6a7744 • Congenbill 2007* http://vedlegg.uib.no/?id=c339f901ec51136643f577f8a85acd71 • Conlinebill 2000* http://vedlegg.uib.no/?id=921b750a513478de344614aa12a208c5 • Gencon 1994* http://vedlegg.uib.no/?id=082c967c340911a789eec4b299a11d77 • Shelltime 4* http://vedlegg.uib.no/?id=9fbcbd0db6feef1f2de6eb595cb95c7d • Shellvoy 6* http://vedlegg.uib.no/?id=b1194f2f9f70ec4a24235774f7adab3a • Shellvoy 6 part II and III* http://vedlegg.uib.no/?id=55b57f5059ae8774a6827a2fb645f9f8

In addition, a collection of relevant material will be handed out before the lecture.

KRISTIAN VALEVATN SKULD

Valevatn joined Skuld in 2009, and is employed as Assistance Vice President, Head of Claims in Skuld Bergen. He is a graduate from the Faculty of Law at the University of Bergen, and holds an LLM in Maritime Law from the University of Southampton. He is also a qualified Norwegian lawyer.

Skuld is a world leading marine insurance provider with a strong financial position and an 'A' rating with Standard & Poor's. Skuld offers a wide range of marine insurance products for shipowners, the offshore and energy sector, charterers and traders, ports and terminals, cargo and the superyacht community. With headquarters in Oslo and a worldwide office network of around 270 highly skilled employees, we provide our members and clients with service and competence they can rely on, 24 hours a day.

Topic: Liability for Damage, Loss and Delay A sea carrier’s primary task is to carry goods and commodities between loading port and discharge port, in a safe and efficient manner. But traversing the seas is certainly not without dangers and complications. The cargo on board can be damaged or lost by stevedore mishandling, wetting, rough seas and a number of other causes. And serious delays in bringing the cargo to its final destination will sometimes arise due to, for example, technical failure, detention by authorities and political turmoil.

Being a major liability insurer of merchant vessels, Skuld handles a large number of cargo claims every year. In their lecture, Kristoffer A. Johannessen and Kristian Valevatn will explore the ambit of the sea carrier’s liability for cargo damage, loss or delay, and illustrate the theoretical issues with practical, real- life examples.

Course material: https://www.skuld.com/ https://www.skuld.com/topics/ https://www.skuld.com/topics/cargo/general-cargo/the-eems-solar-a-lesson- to-be-learned-about-stowage-responsibility/ https://www.skuld.com/topics/cargo/liquid-bulk/crude-and-water/ DR.JUR. ANDREAS MEIDELL THOMESSEN LAW FIRM

Andreas Meidell (dr. jur.) is a partner of the Norwegian law firm Thommessen, and works mainly on commercial insurance claims and coverage issues, such as marine/energy insurance, property and liability insurance, cargo insurance, © Thomessen as well as reinsurance. He is also a frequent litigator and appointed arbitrator in Norwegian and international arbitrations. He is also current President of The Norwegian Maritime Law Association (CMI). Andreas heads Thommessen’s practice area of Insurance.

Thomessen is a Norwegian law firm with an office in London and an extensive network of international partners. Our employees have broad international experience, and Thommessen’s lawyers have argued a number of cases before international courts.

A large and ever-increasing part of Thomessen’s business is of international character. They represent foreign companies in Norway and Norwegian companies abroad.

Topic: Marine Insurance Introduction to the law of marine insurance: The course will give an introduction to Norwegian law on marine insurances, such as hull insurance of ships and watercrafts, protection and indemnity insurance (P&I), which is liability insurance for ships, loss of hire/income insurances and war risk insurance.

Course material: • The Nordic Marine Insurance Plan of 2013 Version 2019: http://www.nordicplan.org • Gard Rules 2019: Rules for Ships. Rules for P&I and Defence for Mobile Offshore Units: http://www.gard.no/web/publications/document/781871/gard-rules-2019

PROFESSOR SIGRID E. SCHÜTZ UNIVERSITY OF BERGEN, FACULTY OF LAW

Professor dr. juris Sigrid Eskeland Schütz is a licensed attorney-at-law (2001) and dr. juris (2008) on a thesis on the Norwegian planning- and building act, implementing EU directives on environmental impact assessment. Schütz is working actively on dissemination of research results to public stakeholders. She was a member of the Government appointed committee on ”Toxic © UiB substances” in 2009-10, looking at measures to fulfil OSPAR- and EU- requirements regarding toxic substances, and was member of a group of experts appointed by the Government, Ministry of Trade, Industry and Fisheries, advising on simplification and improvements in first-hand sales of fish in Norway in 2016. She has extensive experience in teaching and continuing education at UIB, UIO and the Norwegian University of Life Sciences, Ås. Her interest areas are (EEA) environmental law, land use planning, marine management and marine spatial planning. Schütz is head of the Research group for Natural Resource Law, Environmental Law and Development Law, http://www.uib.no/en/rg/resource.

Topic: Environmental Law and Marine Pollution Marine governance has over time developed into a multilevel system, with vertical and horizontal structures as well as division of competence between national, regional and local authorities. Management of sectors like renewable energy and food production is through the process Marine Spatial Planning, defined as an integrated and comprehensive approach to ocean governance.

In this session, we look at the core elements marine management regimes should build on, and values and principles underpinning such regimes. How can the system promote an ecosystembased approach, warranting flexibility and adaptability, as well as rule of law values like stability and foreseeability, making investment in ocean-based businesses less risky?

Required reading: • SCHÜTZ, Sigrid Eskeland. Marine Spatial Planning – Prospects for the Arctic. Arctic Review om Law and Politics, [S.l.], v. 9, p. 44-66, feb. 2018. ISSN 2387-4562. (22 pages) https://arcticreview.no/index.php/arctic/article/view/899 • SCHÜTZ, Sigrid Eskeland & Slater, Anne-Michelle: Marine Policy; From strategic marine planning to project licences – Striking a balance between predictability and adaptability in the management of aquaculture and offshore wind farms. (11 pages) https://www.sciencedirect.com/science/article/pii/S0308597X19303215?via% 3Dihub

PROFESSOR BERTE-ELEN R. KONOW UNIVERSITY OF BERGEN, FACULTY OF LAW Berte-Elen R. Konow, professor dr. juris, University of Bergen. Her authorship includes works from different areas of private law such as contract law, law of obligation, international sale of goods, secured transactions, comparative law and private international law. She was active in the working group preparing DCFR IV B Lease of Goods, and she was in the editorial board of Restatement of Nordic Contract Law. She is also appointed Fellow under the Belt and Road ©UiB initiative. 2013-2017 she served as Vice Dean for Research at the Faculty of Law, University of Bergen.

Topic: Jurisdiction and Choice of Law The maritime industry is indeed a very international industry, and this international context may create difficult legal problems. Where can you sue the opposite party or where can you yourself or your company be sued? And which country´s law is applicable to solve the disputed case? In the session ”Jurisdiction and choice of law” the main principles of jurisdiction and choice of law will be presented with examples from court practice dealing with maritime matters.

Required reading: • HUO, Zhengxi: Higlights of Chinas’s New Private International Law Act: From the Perspective of Comparative Law in Revue Juridique Themis, vol. 45 (2011), no. 3, pp. 669. Available at https://ssl.editionsthemis.com/uploaded/revue/article/5973_45- 3%20Huo.pdf (48 pages) • Konow, Berte-Elen: Laws relating to dispute resolution concerning foreign entities, pp 73-89 in National Belt and Road Report from Norway. (15 pages)*

Course material: • Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Lugano Convention) in the Official Journal of the European Union 21.12.2007* • Law of the People’s Republic of China on the Laws applicable to foreign- related civil relations (Act No 26 of 28.10.2010)*

Compilation available at https://tjinfo.uib.no/Vedlegg?id=000183ab52902399de303b419e1830fc

ØYSTEIN MELAND WIKBORG REIN LAW FIRM

Øystein Meland is partner based in Wikborg Rein's Bergen office. He has got extensive experience in litigation, particularly in maritime law, both before the ordinary courts and in arbitration, as well handling matters before the European Commission. Meland has been acting both for ship-owners, underwriters, shipping banks and shipbuilders, and he has got extensive international negotiating practice, particularly for shipbuilding and offshore contracts. In addition Meland is the manager of the Bergen Shipowners' Association, and a member of BIMCO documentary Committee and the legal committee of the Norwegian Shipowners' Association.

Topic: Nordic Arbitration In this session we will look at how arbitration in general and in particular in maritime matters have traditionally been handled in Norway and the Nordic countries. The lecturer will further explain the background for the recent new establishment of the Nordic Maritime & Offshore Arbitration Association (NOMA), and give a brief explanation of the rules and best practice guidelines of NOMA.

Required reading: • Geir Gustafsson: Nordic Maritime and Offshore Arbitration, in Marius 2015. (8 pages)* https://tjinfo.uib.no/Vedlegg?id=a03c0987afeecd09198c043db20a5aad • An overview of NOMA by Georg Scheel: https://www.jus.uio.no/nifs/forskning/arrangementer/gjesteforelesninger -seminarer/sjorett/2018/georg-scheel-nordic-arbitration.pdf (12 pages)

Course material: • Norwegian Arbitration Act: https://lovdata.no/pro/#document/NLE/lov/2004-05-14-25 • UNCITRAL model law with explanatory notes and amendments 2006: https://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/07- 86998_Ebook.pdf • SCC Arbitration Rules: http://www.sccinstitute.com/dispute- resolution/rules/ • Rules and guidelines for Nordic Maritime & Offshore Arbitration: https://www.nordicarbitration.org/

Required reading: 276 pages. Listings marked as “course material” is additional reading

Contact us at: #: uiblaw / mblsp @: [email protected] UNIVERSITY OF BERGEN Adr: Magnus Lagabøtes plass 1, 52010 Bergen Faculty of Law