NORWAY Law and Practice Contributed by: Kristian Lindhartsen, Lilly Kathrin Relling and Tobias Kilde, Kvale Advokatfirma DA
Please note that the exceptions for navigational error and fire do not apply for domestic trade. Furthermore, a carrier will not be liable for dam - age to animals if they acted with due care and the damage resulted from particular perils asso - ciated with the transportation of animals. The ship-owners’ liability is limited. Section 280 of the Norwegian Maritime Code states that the carriers’ liability is limited to 667 Special Draw - ing Rights (SDRs) for each unit or package of the goods, or 2 SDRs for each kilogram of the gross weight of the goods claimed for damage, delay or loss. In domestic trade, the carrier can limit the liability to 17 SDRs for each kilogram of the gross weight of the damaged or lost goods. Liability for delays in domestic trade shall not exceed the total freight under the transportation agreement. It is also worth noting that a voyage charterer or time charterer must hold the carrier harmless if the bill of lading contains terms other than those stated in the charterparty, thereby increasing the liability of the carrier. 3.4 Misdeclaration of Cargo In accordance with Section 301 of the Norwe - gian Maritime Code, the carrier can claim against the shipper for liability they have incurred as a result of misdeclared cargo. However, the carrier cannot establish a claim against the shipper if they knew or should have known that the information was not correct. If a clean bill was issued against a letter of indemnity (LOI), for instance, the carrier loses its statutory right to claim against the shipper. The same will apply even if there is no explicit agreement to issue a clean bill, if the carrier had an incentive
to inspect the cargo more closely or it was visible that the cargo was not in apparent good order. In the judgment ND 1969 s.105 Stockholm råd- husrätt , Hood River Valley, which is part of the collection of Nordic Maritime Judgments, it was stated that the carrier must consider not only the state of the cargo but also the state of the packaging. Therefore, the courts would consider the carrier’s overall knowledge about the cargo, the packaging and the transportation when con - sidering a potential recourse claim against the shipper. 3.5 Time Bar for Filing Claims for Damaged or Lost Cargo Under Norwegian law, the general time limit for filing a claim for damaged or lost cargo, or for incorrect information in a bill of lading, is one year from the time the goods were or should have been delivered (Section 501 (7) of the Nor - wegian Maritime Code). For recourse claims related to damage to or loss of cargo, the deadline is one year from the time the original claim was paid or legal proceedings were instituted. The limitation period can be extended by agree - ment between the parties after the incident occurred, for up to three years at a time. 4. Maritime Liens and Ship Arrests 4.1 Ship Arrests Norway is party to the 1952 Arrest Convention, which is implemented in Chapter 4 of the Norwe - gian Maritime Code. Norway is also a signatory to the 1999 Arrest Convention, which came into force in 2011 but has not yet been ratified. The
425 CHAMBERS.COM
Powered by FlippingBook