Flip book - Skuld

legaliSSueS/currenTBy Gregory thomasSenior vice president, head of offshore Syndicategregory.thomas@skuld.com/phoTo: reuTerSnorway’s legal system places liability for petroleum industry pollution on the licensee.severely limiting the right of thirdparties to bring claims directlyagainst a licensee’s subcontractors,employees andother involved parties.B. limited riGhts of recoursea licensee that has covered liabilitycaused by a sub-contractor orother third party would normallyhave recourse against theresponsible party. a licensee’sright of recourse for liabilityunder the petroleum activitiesact is, however, severely limited bymandatory provisions in Section7-5 of the act, which state:“the licensee cannot claim recoursefor pollution damage against“not allcountrieshave equallystraiGhtforwardrules for oilPollutionliaBility”someone exempted from liability pursuant to the rules of Section 7-4,unless the person in question or someone in his service has acted wilfullyor by gross negligence.” 1)even when a person protected by Section 7-4, such as an employee,sub-contractor or someone who has taken measures to avert or limitpollution damage, has acted wilfully or by gross negligence, recoursemay be mitigated “to the extent that this is considered reasonable in viewof manifested conduct, economic ability and the circumstances in general”.including a right of recourse clause in the agreement between theparties may not circumvent the limitation on the right of recourse asSection 7-5, sub-section four invalidates such agreements.P&i cover and liaBility for oil Pollutionfor vessels subject to pollution liability under the maritime code, likesupply vessels or shuttle tankers under transit, liability for pollution iscovered pursuant to Skuld’s standard Statutes and rules (2012) rule14.1. exceptions from the cover are listed in rule 14.2, and rule 14.3,and appendix 5 includes certain limitations as well. additional cover isoffered in rule 14.4.liabilities arising out of oil pollution emanating from mobile offshoreunits not permanently fixed to the seabed, such as semi-submersibleand/or jack-up rigs, drill or construction ships, fpSos, or accommodationunits in support of such units, are covered by Skuld’s offshore Terms& conditions clause 45. exceptions from the cover are included insub-section a, part 3. additional cover is offered in sub-section b, e.g.for pollution caused by blowouts (part 7) and clean-up costs (part 8).conclusionsnorway’s legal system places liability for petroleum industry pollutionon the licensee. furthermore, licensee’s right of recourse against itssub-contractors is limited, unless pollution damages are causedwilfully or by gross negligence.however, not all countries have equally straightforward rules for oilpollution liability. as many oil-service contractors deliver goods andservices in multiple jurisdictions under varying oil pollution liabilityregimes, they should consider including similar provisions to those ofthe petroleum activities act, chapter 7 in their contracts.if the relevant jurisdiction does not have a similar liability regime asthe norwegian petroleum activities act, or it is not feasible to implementsimilar regulations in the contract, contractors should perform additionalrisk analysis before concluding contracts. in any event, a contractormust always ensure that he has sufficient insurance to cover any claimresulting from oil pollution liability.1. english translations by the norwegian petroleum directorate http://www.npd.no/en/regulations/acts/petroleum-activities-act/Skuld offShoreexPandinG serviceSince the establishment of Skuldoffshore in 2008, we have managedto create a growing global clientbase that relies on the service weprovide. our aim then and now isvery simple – not to be the largest,but to be the best in the market.while Skuld offshore is still‘small’ in relative terms, ourcommitment to the industry andthe service we provide are withoutquestion. we have assembled someof the best brains in the business.we are expanding and developingoperations and we are improvingour service to clients no matterwhere they are in the world.staffinG uPwe are delighted to confirm thatmatthew burton has joined ourteam as assistant vice president,client Servicing and marketing.based in our london office,matthew is responsible on a dailybasis for all relationships in thelondon market and in north andSouth america. matthew joins usfrom the north of england clubwhere he was responsible foroffshore activities.more resPonsiBilitychristofer kobro, who has beenwith Skuld offshore from thevery start, will have day-to-dayresponsibility for our northeuropean business, including thevery important market in norway.christofer will continue to bebased in oslo.Skuld offshore is expanding and developing operations. photo shows the team assembled in london.Top row from left: matthew burton, kevin campbell, katinka kure-dziakonski, anne lise Ødegård and katinka mørch granberg.bottom row from left: christofer kobro, oleksandra leginevych, gregory Thomas, milla andrew and ann-charlotte zervens.26 beacon / decemBer 2012beacon / decemBer 2012 27