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DENMARK & THE HUMBER


DOING BUSINESS ACROSS BORDERS


In the UK, we have a common law legal system, based upon law made by Parliament and on the interpretation of those laws by the courts over many hundreds of years. In addition, the Courts have made their own laws by applying rules and principles they themselves have developed.


DENMARK


In Denmark and other European countries, the law is based on a codified civil system which is much more centred around the rules set by the state, with less law- making power given to the courts. The UK’s current membership of the EC has added a third layer of European law which is principally a codified system, but which is then translated into the laws of the member states and interpreted by the courts of the member state, with any final say being reserved to the European Court of Justice (ECJ).


INTERNATIONAL TRADE


International commerce has, over a period of time, built up customs and practices which help to smooth out the differences between these legal systems. International trade is assisted by a series of pre-defined commercial terms known as INCOTERMS, which are published by the International Chamber of Commerce (ICC) and allow parties across the world to trade on one set of familiar terms.


SHIPPING


In shipping circles, many vessel transactions and charters are governed by the Baltic and International Maritime Council (BIMCO) forms which again provide even-handed commercial terms upon which parties can contract with confidence. It is essential that parties doing business across borders have access to legal advice and assistance from lawyers that are knowledgeable about the use of such contracts and who have an established network of lawyers across different countries able to advise


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Countries may have different laws and legal systems but this should not create a barrier to doing business across borders.


VISITOR TO THE HUMBER


2017 promises to be a busy time on the river Humber in support of the offshore wind industry with Operations and Maintenance activity being joined by an increase in offshore construction. A2SEA is busy preparing to bring two jack-up vessels to the river for the first time to start offshore construction works.


PROJECTS


on specific jurisdictional interpretation of these terms.


GETTING IT RIGHT


As well as getting the law right and using the appropriate international contracts, it is also useful if parties can call upon networks of other professional advisers such as accountants, bankers, agents and so on.


Unfortunately, sometimes things do go


wrong, and again most of the standard international contracts provide for dispute resolution. In most cases, London is still recognised as the leading centre for dispute resolution whether via the Courts or arbitration/mediation routes. Many jurisdictions have a regional bar meaning only lawyers in the area around the court in question can practice there. In England, there is no such restriction so parties to a dispute can choose to have lawyers outside London to conduct any disputes at less than City of London legal rates.


Andrew Oliver Head of Renewable Energy


Andrew Jackson Solicitors (Admiralty Solicitors Group member)


SCAN/CLICK LOCAL SUPPLY CHAIN BENEFITS MORE INFO


Throughout the planning phase for these two projects over the past 18 months, A2SEA has recognised the potential benefits of utilising a local supply chain to support their work on the Humber. By working with the Green Port Hull organisation, Team Humber Marine Alliance and UK Trade & Investment, they have established a strong network of suppliers based both locally in the Humber region and nationally.


The Danish company has successfully secured two projects for 2017 which will load out wind turbine components from the newly constructed Siemens Green Port Hull facility on the Humber. The first of these projects will be the 402MW Dudgeon offshore windfarm for Statoil, Masdar and Statkraft, which is scheduled to start for A2SEAs SEA CHALLENGER vessel in early January 2017 and will be the first commercial load out of components from the Siemens quay at Alexandra Dock. Although there are a number of firsts associated with this project, the very experienced team which SEA CHALLENGER brings with her to deliver the project will ensure smooth sailing. The second of the projects will be 58 MW race bank offshore windfarm for DONG Energy, which will again load out components from the Siemens facility with, SEA CHALLENGER’s sister vessel, SEA INSTALLER. These two projects will run in parallel through the summer of 2017 and if the programme allows, promise to be quite a sight to behold if they are both in the Humber at the same time.


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www.windenergynetwork.co.uk


HUMBER UPDATE


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