Shipping, Maritime and Transport
Denmark is one of the leading shipping nations of the world, and a substantial part of the world’s tonnage is controlled and operated from Denmark.
WSCO is internationally recognized as a leading legal adviser to the maritime industry.
For many years the dedicated shipping attorneys of the firm have assisted clients in the shipping and transport sectors. We provide legal assistance and advice on commercial and liability issues and assist in transactions involving the operation of ships as well as transport and logistics activities.
Dispute resolution in the maritime and transport sectors is one of our key competences. Our attorneys have pleaded more than 200 shipping and transport cases before the Danish courts and arbitration tribunals, including several high-profile cases and cases involving significant values. We have detailed knowledge of all aspects of marine and transport insurance derived from years of cooperation with clients in the transport and marine insurance industry.
We regularly work together with foreign law firms to ensure that our clients’ international shipping and transport cases are resolved and handled effectively and that attractive resolutions are achieved.
Our clients include several of Denmark’s leading insurers, leading international insurers, Scandinavian and English P&I and Hull Clubs, large ship owners, carriers, logistic services providers, bunker suppliers, brokers, banks, businesses and other organizations.
Sea Carriage
Maritime law
Legal assistance and advice in relation to carriage of goods by sea – whether pursuant to a charterparty, bill of lading or other transport document – is an important area of our maritime law practice. We assist with legal issues involving carriage of goods by sea, such as chartering, transport of general cargo and contracts of affreightment.
We provice assistance within all shipping sectors, including tankers, containers, bulk cargoes, project cargoes, ferries and offshore support vessels and we represent clients before courts and tribunals in liability cases, including under C/P’s, the Hague-Rules, Hague-Visby Rules and national law, and offer advice on all other legal aspects of sea carriage.
Wet maritime law
Casualties, groundings, collisions and pollution from ships (including oil pollution) constitute particular risks in the maritime industry. We assist clients in all cases concerning wet maritime law, including on liability in tort, liability vis-à-vis public authorities, liability for wreck removal, issues of salvage etc. In cases arising from major casualties we have provided advice on liability issues and on global limitation of liability.
For many years Michael Boje-Larsen has worked with P&I Club Skuld, Copenhagen, and has extensive knowledge of this area. Jesper Windahl and David Rubin have recently advised clients in connection with casualties resulting from collision and on arrest issues.
We have significant expertise within all aspects of transport- and marine insurance.
International maritime law
By nature shipping and maritime law is international. In matters involving issues such as arrest, the establishment of limitation funds and dispute resolution, the choice of jurisdiction – and the speed with which legal steps are commenced – may be of significant importance to safeguarding clients’ interests. We protect our client’s interests in international cases in collaboration with our foreign correspondent law firms.
Our clients include Danish and foreign shipowners, operators, charterers, shipbrokers, agents, stevedores, insurers and P&I Clubs.
Shipping
Denmark is among the world’s leading shipping nations, and a substantial part of the world’s tonnage is controlled and operated from Denmark. We assist in legal and commercial matters concerning the operation of ships and shipowning activities. For many years we assisted shipowners and operators in the shipping industry in relation to risk-management issues and in connection with negotiations and contract issues. Our knowledge of the sector enables us to provide refined advice on, for example:
- Preparation of tariffs and conditions of carriage.
- Shipbuilding and repair contracts
- Sale and purchase of ships and registration.
- Crewing issues.
- Purchase of bunkers.
- Technical and commercial management agreements.
- Pool agreements.
- Insurance – related issues.
Our clients are shipowners, charterers, operators, P&I and Hull Clubs and –underwriters. Our firm is a recognized as a leading adviser within shipping law.
Logistic Services Providers
We assist Danish and international freight forwarders and logistic services providers and transport customers with all legal and commercial issues in relation to contracts for logistic services and in matters involving transactions in this sector. We have in-depth knowledge of NSAB 2000 and NSAB 2015 (General Conditions of the Nordic Association of Freight Forwarders), DHAB, DSHAB 2021, FIATA, COMBICONBILL, MULTIDOC 95 and other terms and conditions generally applied in the sector.
We assist in cases involving:
- Tender processes.
- Logistic services agreements.
- Lien and retention.
- Liability of customers pursuant to NSAB and FIATA and on other basis.
- Customs clearance, customs debts and drawback.
- Product liability of freight forwarders.
- Freight forwarders’ liability insurance.
- Cabotage.
- Financing.
- Transactions (M&A).
Our attorneys regularly plead cases on the interpretation of NSAB 2000 (NSAB 2015) and other terms and conditions, including issues of general importance to the industry, before the Supreme Court of Denmark. Jesper Windahl has published the first Danish legal text book on freight forwarders’ and hauliers’ liability insurance. Jesper Windahl also lectures on this subject at the Danish Insurance Academy.
Road, rail and air
We assist Danish and international freight forwarders and logistic services providers and transport customers with all legal and commercial issues in relation to contracts for logistic services and in matters involving transactions in this sector. We have in-depth knowledge of NSAB 2000 and NSAB 2015 (General Conditions of the Nordic Association of Freight Forwarders), FIATA, COMBICONBILL, MULTIDOC 95 and other terms and conditions generally applied in the sector.
We assist in cases involving:
- Tender processes.
- Logistic services agreements.
- Lien and retention.
- Liability of customers pursuant to NSAB and FIATA and on other basis.
- Customs clearance, customs debts and drawback.
- Product liability of freight forwarders.
- Freight forwarders’ liability insurance.
- Cabotage.
- Financing.
- Transactions (M&A).
Our attorneys regularly plead cases on the interpretation of NSAB 2000 (NSAB 2015) and other terms and conditions, including issues of general importance to the industry, before the Supreme Court of Denmark. Jesper Windahl has published the first Danish legal text book on freight forwarders’ and hauliers’ liability insurance. Jesper Windahl also lectures on this subject at the Danish Insurance Academy.
Multimodal transport
Contracts on carriage that is performed by several means of transport have a substantial and increasing commercial importance. The transport customers do not attach importance to the means of transport used but attach importance to their goods being carried quickly, cost-effectively and without damage. In Denmark multimodal transport is not governed by particular legislation and, consequently, questions of liability arising from multimodal transport may be governed by the legislation applicable to road, sea, rail or air carriage or may fall outside the scope of such legislation.
In many instances liability arising from damage in multimodal transport may be decided on the basis of contract terms and conditions, including conditions stipulated in general transport contracts, or on the basis of options for the substitution of means of transport, or according to network liability rules. Terms and conditions in multimodal transport documents may also be of relevance in this respect.
We are one of Denmark’s leading law firms in this area, and we continuously conduct a vast number or court cases on the application of rules and their interpretation as well as liability issues in relation to multimodal transport. We have extensive expertise in preparing contracts within this area.