Jeg graver litt i Saipems årsrapport for 2020 vdr. NM-saken. Det er merkelig at et så stort krav plutselig dukker opp etter kravet fra SOFF. Siden det er snakk om profesjonelle parter, så mener jeg at en slik pasitivitet fra Saipem mht. NM-mangler styrker SOFF sin sak betydelig. Man vil jo ha inn penger for slike mislighold så raskt som mulig ift. foreldelse og likviditet. Dessuten så syntes jeg de har mange pågående tvister mot seg(det finnes en oversikt i årsrapporten), men det er kanskje ikke så uvanlig for et internasjonalt oljeservice-selskap?
Dette står om NM-saken i årsrapporten deres:
“ARBITRATION INITIATED BY NORMAND MAXIMUS OPERATIONS LTD (“NORMAND MAXIMUS”)
Normand Maximus has initiated two arbitration proceedings under the London Maritime Arbitrators Association and London
Arbitration Act 1996 against Saipem (Portugal) Comércio Marítimo - Sociedade Unipessoal Lda. (“SPCM”) and Saipem SpA. The
arbitration against SPCM relates to the charter agreement of the vessel Normand Maximus dated June 6, 2014 and subsequent
amendments (the “Agreement”), whilst that against Saipem SpA concerns the parent company guarantee issued by Saipem SpA.
on October 26, 2016, with which the latter guaranteed SPCM’s obligations under the Contract.
Normand Maximus’ claims in the two arbitrations amount to a total of USD 48,173,144 (approximately €39.7 million) (for the
termination fee, hire differential claim and unused maintenance days claim allegedly accrued following the termination of the
Contract by SPCM), in addition to expenses and interest. SPCM and Saipem SpA pleaded that they did not receive the notification
of the requests for arbitration in a timely manner and therefore obtained a postponement to February 12, 2021 for the filing of the
respective Defences and Counterclaim Submissions.
On February 12, 2021, SPCM filed its Defence and Counterclaim submission, requesting, by way of a counterclaim, USD
43,714,805 (approximately €36 million) (or other amount determined by the Court) plus interest and expenses, deriving from
breaches by Normand Maximus and associated damages to SPCM due to the non-compliance of the vessel with respect to the
contractual specifications. On the same date, Saipem SpA filed its Defence and Counterclaim submission in the arbitration
relating to the parent company guarantee, denying any breach by SPCM in relation to the contract for which the guarantee was
issued. SPCM and Saipem SpA also claimed their right to offset the amounts requested by Normand Maximus with the amounts
due by the latter by way of damages caused to SPCM/Saipem SpA for the above reasons. On March 12, 2021, Normand Maximus
filed its reply and defence to counterclaim whereby it has: (i) claimed that SPCM and Saipem SpA have no right to set off any
amount claimed by Normand Maximus with any possible amount owed to SPCM and Saipem SpA for damages; (ii) rejected SPCM and Saipem SpA’s position on the non-conformity of the vessel to the contractual specifications; and (iii) challenged the
quantification of the damages made by SPCM and Saipem.
Normand Maximus has also filed a separate application in which it has asked the Arbitral Tribunal to determine as preliminary
issues: (i) the correct measure of SPCM and Saipem SpA’s losses; and (ii) whether SPCM and Saipem SpA are entitled to set-off
the sums counterclaimed. Normand Maximus also seeks an immediate partial award on their claims in such sum as the Tribunal
may determine. The hearings relevant to such claims will be held on May 19 and 20, 2021.”
Se årsrapporten her: QUARTERLY RESULTS AND DOCUMENTATION | Saipem