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Offshore Bulletin, November 2016

16 November 2016

This special edition of the Standard Bulletin focuses on some of the recent legal and contractual reforms, and also looks at a trend of technological innovation and operational diversification as shipowners seek new ways to maximise opportunity in a difficult environment.

BIMCO Offshore Dismantling Services Agreement 
With the expected increase in decommissioning projects, the time is right to create a standard decommissioning contract which can help to reduce the costly and timeconsuming process of negotiation for the parties involved. Read more here.
The offshore oil and gas industry necessarily needs to comply with numerous regulations to manage the potential environmental impact of its operations. This article looks at one regulating body in Australia, and discusses the difficulties in complying with its requirements and the impact this could have on the industry in the current climate. Read more here.

The Brazilian Maritime Law Reform
A new Brazilian Commercial Code is being considered which will provide an update to the code originally enacted in 1850. This article looks at the key areas of the reform affecting shipowners. Read more here.




Some limitations of BIMCO’s Supplytime 2005 contract
Ursula O’Donnell is a member of BIMCO’s specialist subcommittee which is currently revising the Supplytime 2005 contract. She discusses some of the limitations in the wording which are currently being reviewed. Read more here

What caused the problem? It depends on which law you chose…
At first sight, this looks like a typical lawyer’s answer to what ought to be a relatively straightforward factual enquiry. However, the law has an important role to play in such enquiries, because causation has an important legal context and that legal context varies dramatically by legal system and by decision-maker. In this article, we will compare the different approaches taken in different jurisdictions. Read more here
Technological changes and emerging risks
The Standard Club has been writing offshore risks for over 40 years and in this period has had to adapt to the constantly changing landscape of risk. Such risks have been affected by political, economic, geographic, environmental and technological factors. This article focuses on how new technologies such as FLNG are affecting risk and how the club is evolving to ensure we can continue to provide suitable solutions for our members and their operations. Read more here.

Incorporation by Schedule in Offshore Contracts
Commercial contracts often incorporate terms from other documents, which can be in conflict with the main terms of the contract. This can cause problems for the courts and tribunals when trying to establish the parties’ intentions. This article looks at some of the issues that can arise. Read more here