17 October 2016
Henning Nielsen is Senior Manager, Support & Advice at BIMCO, is responsible for advising and guiding members on contractual issues, such as handling laytime disputes, recommendations on charter party forms and clauses, commenting on terms and clauses offered to members, handling disputes on interpretation and construction of charter parties and clauses. Henning has been with BIMCO since 1984. His 40 plus years of experience has built up his expertise in laytime and demurrage issues, which is widely recognised by BIMCO members.
19 December 2019
For more than 20 years, Tony Concagh has been a premier legal advisor to the offshore energy industry and has represented many of its best known companies. A partner at Stephenson Harwood LLP since 2002, he has been described by his clients in legal directories as “tough and commercial”, “through and capable” and “a true offshore specialist”. He has acted for his clients around the world in many high profile disputes (both in the English High Court and in commercial arbitrations) including a $500 million drilling rig dispute, which was the largest ever LMAA arbitration by value.
He regularly advises on problems and disputes relating to specialist vessels including OSVs, SSVs, DSVs and CSVs, HLVs, and drilling units. As a result he has unmatched experience with the BIMCO suit of offshore forms. In 2019, represented the successful owners in the first reported case on Supplytime 2017, Atlantic Marine and Aviation LLP vs Boskalis Offshore. This established the basis on which an owner has the immediate right to payment of an undisputed invoice without set off. The decision has implications for payment terms in all forms of contracts on English law.
In recent years he has been instrumental in the development of handling disputes in the offshore renewables industry. Most recently he and his team advised on schedule delays and cost increases on a £2.3 billion wind farm project. In 2017 launched a successful judicial review in the English High Court on behalf of an EPIC contractor against the UK government’s work permitting policy for non EEA specialist crew constructing wind farms in UK waters.
He has been invited to speak by BIMCO at workshops and presentations worldwide since 2008.
12 October 2017
BIMCO has received numerous questions related to the costs of “sea trials” in the Suez Canal – mainly creating disputes for ships transiting for the first time.
07 July 2016
A new edition of BIMCO’s Dispute Resolution Clause has been published. New wording has been added to the US law, New York arbitration option to ensure that non-maritime contracts (such as shipbuilding contracts) are not inadvertently excluded from the scope of the clause.
22 November 2017
BIMCO has published two new contracts to assist parties when depositing money in a sale and purchase transaction and as security for a claim in a dispute.
15 May 2020
BIMCO has started work to develop a new Law & Arbitration Clause. The new clause will provide a short and “one size fits all” approach to dispute resolution, while adding Hong Kong as the fourth named arbitration venue. The addition of Hong Kong reflects its increased popularity as a centre for dispute resolution and that it is currently ranked among the top maritime arbitration centres in the world.
26 June 2020
If a contractual dispute escalates and one of the parties want to involve arbitrators, it is essential that notices of commencement of proceedings and the appointment of arbitrators are properly served to the right people.
BIMCO’s new Law & Arbitration Clause will address these issues with a provision requiring parties to a contract to clearly identify who are authorised to receive arbitration notices and communication.
31 March 2020
BIMCO, INTERCARGO and INTERTANKO welcome the ruling by the highest court in the United States on 30 March 2020 concluding that the plain meaning of the safe-berth clause in the Athos I dispute includes an unambiguous warranty of safety.
07 December 2010
One of the services available to owner, broker and agency members is "intervention" to recover outstanding undisputed amounts.
17 February 2020
Disagreements between owners and charterers over the cost of repairing damage to redelivered unmanned barges have prompted a review of BARGEHIRE 2008 to help reduce the risk of disputes.