Overview
In over 130 years of practice, Morssing & Nycander has established a reputation as a leading firm in the legal fields of dispute resolution, maritime and transportation, insurance and also construction. We have dealt with practically every type of legal issue which confronts the maritime industry, ranging from routine cargo claims to assist the Municipality of Karlshamn in claiming salvage award for towing the Russian sub-marine U 137 afloat after its grounding in the Swedish archipelago.
All lawyers at Morssing & Nycander are ranked by Chambers & Partners and Legal 500. The team are regularly appointed by various international publications within arbitration and maritime law as authors and they are also frequently engaged as speakers at both national and international conferences.
The maritime industry operates twenty-four hours a day, all the year around. The lawyers at Morssing & Nycander are available on the same schedule. Together with partners around the world consisting of highly skilled law firms, adjusters and surveyors, we can provide advice and assistance on a wide range of issues 24/7.
CASUALTY RESPONSE TELEPHONE: +46 8 587 05 100.
Practice Areas
Litigation and Arbitration.
Dispute resolution is a core area of our business. The firm possesses significant experience in assisting international and Swedish clients in commercial disputes. We represent both claimants and respondents in litigation and arbitration proceedings, as well as in actions to compel arbitration and to enforce or set aside arbitration awards under national statutes and international Conventions.
Our Litigation and Arbitration practice encompasses a broad spectrum of legal areas and is well-known for its expertise in maritime and transportation, insurance and energy. Our lawyers’ vast experience includes also larger claims involving fire, pharmaceutical liability, product liability and D&O liability. Over the last few years, almost all lawyers at the firm have been involved in several international ship building and energy-related arbitration proceedings, both as counsel and arbitrators.
We have acted as counsel in a large number of national and international arbitration proceedings under the rules of SCC, ICC, LCIA, HKIAC and ICSID as well as ad hoc proceedings under the Swedish Arbitration Act and UNCITRAL Arbitration Rules. Christer Söderlund, Hans Bagner, Lars Boman and Anders Höglund are frequently appointed as arbitrators and Lars Boman has recently been appointed member of the ICC Commission on Arbitration and ADR in Paris.
Our regular clients include energy companies, governmental agencies and institutions, underwriters, real estate companies, ship owners, P&I clubs, ship yards, terminal operators, charterers and financial companies. Given the nature of dispute resolution, we have served clients from a wide scope of industries on an ad-hoc basis. We also have experience in working close together with English, US and Russian lawyers in international arbitration proceedings in Sweden and elsewhere.
Maritime and Transportation
Morssing & Nycander is recognized as a leading law firm in maritime and transportation law by national and international publications and is known for long-standing relationships and delivering pragmatic advice and comprehensive service to the maritime industry. Our commercial practice encompasses the whole field of maritime and transportation law. We work with domestic and international clients across the maritime and transport market, covering also other means of carriage. Our expertise includes casualties, shipbuilding and repair, contracts of affreightment, sale and purchase of ships, registration issues, marine insurance including P&I, forwarding agents, carriage by air, road and rail and international trade.
In a recent judgement from the Swedish Labour Court, partner Lars Boman, representing Fonnship, was successful in a case regarding blockade of a vessel in a Swedish port. The Labour Court declared that the EU rules about free movement are to apply – also in a shipping related matter – even though the vessel was flying a flag from outside EU/EEC. Thus, the forced agreement entered into between the ship owner and the trade union (Transport and SEKO) according to ITF’s range of punishment, was unreasonable and the actions taken were considered illegal according to Swedish law. The ship owner was awarded damages and repayment of ITF fees in addition to reimbursement of all legal costs.
Construction
For more than 50 years Morssing & Nycander has been involved as advisers to the construction industry and been acting as counsel with regard to all kinds of disputes within the construction field. Partner Lars Boman today regularly assists major employers, such as the Swedish state and municipal authorities.
Partner Lars Boman has acted as lead counsel in a great number of construction and construction related cases before Swedish courts, including the Supreme Court, and in Swedish and international arbitration proceedings, such as Skanska v. Suburbs of Stockholm regarding the Stockholm waste water system (Court of Appeal), the JAS case (noise from aircraft) (Environment Court), Atomic Insurance Pool v. Sydkraft, regarding the Barsebäck nuclear power plant (Supreme Court), some of which have become well known precedents. He has furthermore been advising and/or acting as counsel in matters concerning maintenance of ocean based wind mill parks, the establishing of wind mill parks in the county of Dalarna (Environment Court), advising with regard to disputes in relation to the creation of new town districts, building of schools, sports arenas and swimming baths, the re-building of the National archives, construction of major hospitals and laboratories, the creation of new shopping centers and cases concerning environment claims. The construction matters handled since 1970 have included all kinds of AB/ABT/ABK disputes and FIDIC cases and also matters with regard to so called partnering contracts.
Lars Boman is frequently appointed Arbitrator (chairman or co-arbitrator) in Swedish and international arbitration matters in the construction field, (e.g. a shopping center in the Czech Republic).
Insurance
Morssing & Nycander has a close and long-standing relationship with the insurance industry and offers legal advice on all aspects relating to property, liability and marine insurance. Also reinsurance is an important part of our practice. We carry out services within a wide spectrum of insurance related questions such as liability issues, large claims, product liability, cover issues for brokers, claims handling, recourse actions, loss prevention and insurance disputes in arbitration proceedings, courts and before the Average Adjuster. The firm is furthermore regularly appointed by insurers faced with coverage questions under various policies.
Morssing & Nycander has particular expertise in maritime and transportation insurance and works frequently with both domestic and international underwriters and P&I clubs. We are as well correspondents for some major P&I clubs.
About us – Our history
Morssing & Nycander traces its beginnings to the firm of Nycander & Fahlkrants, formed in Stockholm on 1 January 1880 by the two judges Carl August Nycander and G.E. Fahlkrants as one of the first Swedish law firms. The foresighted lawyers saw a need for legal advice to the growing Swedish industry and to ship owners. Fahlkrants left the firm already 1883 but in this connection, the prosecutor John Tjerneld was hired and the firm changed name to Nycander & Tjerneld. They soon took on an associate, Ivar Morssing. When Carl August Nycander had to leave the firm 1901 due to health reasons, the firm’s name was changed to Tjerneld & Morssing. In 1912, Eva Andén, the first Swedish female lawyer admitted to the Swedish Bar Association (SW: “Advokatsamfundet”) was appointed as an associate. In 1915, Advokat Berndt Nycander joined the firm and he became partner 1918. When Tjerneld retired in 1933, the firm’s name was changed to Morssing & Nycander. The firm early attracted both national and international clients involved in shipping and trade. Morssing & Nycander has ever since been deeply-rooted in trans-boundary matters. In the 50’s, the then partner Stellan Graaf, “invented” the institution recourse action and from that time, also insurance companies have been a solid client base for the firm. The well-known Stellan Graaf was, in combination with his maritime law matters, not only acting as counsel for a number of the largest construction companies in Sweden but also frequently appointed arbitrator in construction matters. At the 60’s and 70’s, the firm expanded: Curt Lundgren was made partner in 1960 and Jan Melander became a partner in 1970. When Stellan Graaf retired, he was succeeded by Lars Boman who started his career as a construction lawyer in 1970 (yet with the same interest also in maritime matters) by being a secretary to arbitration panels appointed in construction matters. Lars Boman became partner 1975. In 1979, Morssing & Nycander was again a firm ahead of its time when they – as the first Swedish law firm – established an office in Brussels. In 1981, Anders Höglund was appointed as an associate and he became partner in 1990. In 2002, the firm took on Sören Thorlin as an associate after his completion of studies in maritime law and marine insurance in Oslo and Southampton.
Having served insurers and parties within the shipping and logistic industry over three centuries, the Partners at Morssing & Nycander took a difficult decision in 2008 when they decided to pause operations and instead join other firms, yet with the firm dormant. But the grass was not greener elsewhere! Thus, in early 2016, the time-out had come to an end.
With new experiences we look forward to continue contributing to the success of our clients for centuries to come. Our values are the same ideals on which our firm was founded and which have been passed on to generations of lawyers within the firm: integrity, courage, respect (for clients, each other and the law) and determination to provide high quality legal services to our clients with efficiency.
Morssing & Nycander 2.0 is a modern boutique law firm with a solid tradition.
People
Lars Boman
Advokat, Partner
Adviser since 1970 primarily to major Swedish and international listed companies in civil law matters, including maritime, transportation and logistics (all kinds of road transport, rail and aviation and shipbuilding matters), construction, insurance and reinsurance, and foreign trade.
Lead counsel in a great number of cases before the Swedish courts, including the Supreme Court and in Swedish and international arbitration proceedings in matters concerning maritime and transportation law, construction, Swedish and international trade, insurance and reinsurance such as (maritime law) the “NERVION” (Supreme Court),the “BRITANNIA” (Labour Court, this case subsequently gave rise to the so-called “Lex Britannia” amendments to the Labour Code), the “ESTORIL” (Labour Court); (insurance) the Atomic Insurance Pool v. Sydkraft, regarding the Barsebäck nuclear power plant (Supreme Court), (shipyard) GNMTC v. Götaverken (the “Libyan tankers” case) (Court of Appeal), (construction) Skanska v. Suburbs of Stockholm (Court of Appeal), the JAS case (noise from aircraft) (Environment Court), some of which have become well known precedents, and in Swedish and international arbitration proceedings such as Reinsurers v. Svenska Kredit (reinsurance; lead counsel for most of the world’s major reinsurers), Reinsurers v. Njord, reinsurers v Folksam International (LUAP) and a large number of other arbitration disputes in respect of transportation and maritime matters, construction, international trade and insurance and reinsurance; lately the aircraft accident in Falsterbo, Sweden (before the Malmö district Court) and the “SAVA STAR” (Labour Court and the European Court of Justice 2014, final (fully winning) Judgment by the Swedish Labour court in November 2015) and in a great number of construction matters (reference is made to the special section above under the heading “Construction”.
Arbitrator (chairman or co-arbitrator) in Swedish and international arbitration matters in all of the above fields, in particular shipping/transportation, construction and international trade matters.
Practice Areas
Transportation and Maritime (all kinds)
Construction
Dispute resolution (arbitration, litigation in all Swedish courts, mediation and conciliation)
International trade
Insurance and Reinsurance
Banking and Finance
Author and Lectureship
Replies on behalf of the Swedish Maritime Law Association to the Comité Maritime International (CMI) and the Swedish Government, inter alia, on the CLC Convention and its implementation, the Arrest Convention, the Oil Pollution Convention, the HNS Convention, the Athens Convention, the Convention on Maritime Liens and Mortgages, the York Antwerp Rules, proposed rules on Places of Refuge, and a great number of similar matters. Replies to the Swedish Government on behalf of the Swedish Insurance Law Association regarding a proposed law in respect of water dam catastrophes and the EEC’s White Paper on Environmental liability (insurance aspects).
Lecturer, speaker and author on maritime law, international trade (including CISG and INCO terms), Charterer’s liability insurance, cargo insurance, reinsurance, international jurisdiction and choice of law issues and environmental matters such as damage to biological diversity and related insurance issues (Nordic Law Seminar, Iceland, 2005) and many times on labour law (boycott of ships).
Experience
Advokatfirman Morssing & Nycander, 1970-2007 (Partner 1975-2007), 2016 –
Advokatfirman Lars Boman AB 2015
Partner MAQS 2008-2014
Deputy Judge, City Court of Stockholm (incl. one year at the maritime law department)
Judge Referee, Svea Court of Appeal
Assistant judge, City Court of Stockholm
Secretary to arbitral panels in matters concerning shipping, construction and international trade
Education
Stockholm University (LL.M.)
Languages
Swedish and English (German, French)
Memberships
The Swedish BAR Association
International BAR Association
The Swedish Maritime Law Association (Member of board, Vice President, President, 2003 -2006)
Comité Maritime International (CMI) (Titulary Member)
Stockholm Shipping Lodge, Member of board, (President 1999-2003)
The Institute of Maritime and Transportation Law of the University of Stockholm (Member of board) and sub-associations
The Swedish Insurance Law Association, (Member of board 1997-2001)
AIDA
The Stockholm Maritime Museum (Member of board of the Association)
Contact Information:
+46 70 661 25 18
Anders Höglund
Advokat, Partner
Anders Höglund works with Maritime & Transportation, Litigation & Arbitration and Insurance. He also handles product liability matters. Over more than 35 years, Anders has taken part in around 90 main hearings in court and arbitration proceedings within various areas of law, often with an international feature. Anders is ranked as a leading individual by Legal 500 and they refer to him as “able to accommodate difficult situations”. According to Chambers and Partners, Anders Höglund, “A result-oriented professional, remains a well-respected figure in the Swedish maritime market. He is highlighted for his abilities within aviation litigation and product liability.”
Experience
1981 – 2007, 2016 – Advokatfirman Morssing & Nycander, Stockholm
2011 – 2016 Skarp Stocksholm Advokatbyrå, Stockholm
2008 – 2011 Advokatfirma DLA Nordic (DLA Piper), Stockholm1979 – 1981 Jakobsberg District Court
Education
1978 LLM, Stockholm University
Languages
Swedish, English
Memberships
Swedish Bar Association
Swedish Maritime Law Association
Swedish Insurance Law Association
Contact Information:
+46 70 791 14 11
Per-Olov Håkanson
Advokat, Partner
Per-Olov Håkanson has a vast experience as Counsel in disputes before both the Swedish Courts, including the Supreme Court, and arbitral tribunals. He is regularly instructed by both national and foreign clients, mainly in the fields of insurance law as well as maritime-and transportation law. He is also experienced in regulatory as well as corporate law matters in the insurance-and transport industry, including for example the formation of a new insurance company and the acquisition of Swedish Insurers by foreign parties.
Experience
Several years of service in the Swedish Courts.
Associate at Advokatfirman Morssing & Nycander, (Brussels).
Partner at Advokatfirman Morssing & Nycander, (Stockholm), 1985-2007.
Partner at MAQS Lawfirm, Stockholm, 2008-2017.
Own practice 2018-2019.
Partner at Advokatfirman Morssing & Nycander 2020 –
Lecturer at Stockholm University (international master classes).
Speaker at International conferences.
Author of articles on maritime law.
Education
LLM, Uppsala University.
Diploma in shipping law, Oslo University.
LLM, London University and London School of Economics.
Languages
Swedish, English, knowledge of French and Spanish.
Memberships
Swedish Bar Association
Swedish Maritime Law Association
Swedish Insurance Law Association
Contact Information:
+46 70 648 26 16
Hans Bagner
Advokat, Senior Counsel
Hans Bagner has extensive and wide-ranging advocacy experience in both court and arbitral proceedings and regularly acts as chairman or member of international arbitral tribunals. Since the mid-1970s he has served as party counsel or arbitrator in more than 200 international commercial matters before the ICC International Court of Arbitration, the London Court of International Arbitration, AAA, SCC or ad hoc arbitrations.
Hans served as lead counsel for CME in the proceedings in the Svea Court of Appeal, challenging the award in an investment dispute initiated by the Czech Republic.
He has been a visiting Professor at Louisiana State University (International Trade Law), and has since 2003 been a lecturer at the Stockholm University Law Faculty Master Program on International Commercial Arbitration Law. Hans is also continuously engaged as a speaker at various international arbitration conferences.
Hans was one of the founding members of Vinge, where he served in Stockholm and London during several decades. Following his Master degree at the University of Michigan Law School (Ann Arbor), Hans spent time with Squire Sanders in Cleveland, Ohio.
Experience
2017 – AdvokatfirmanMorssing&Nycander, Stockholm
2011 –2016 MAQS Law Firm, Stockholm
2009 – 2011Frank Law Firm, Stockholm
1972 – 2009Vinge, Stockholm and London
Publications
Hans has frequently published articles on international arbitration topics, in the ICC Bulletin, the Journal of International Arbitration, Mealy’s International Arbitration Report and the Swedish International Arbitration Review (SIAR). Recent publications:
- the SCC chapter in Arbitration World, third edition, 2010
- the chapter on Sweden in International Arbitration Review, 2011
- Arbitrator’s Impartiality, SIAR, autumn 2011
- Arbitrator’s Independence and Impartiality, JFT 4-5/2011 (Finland), 2012
Education
University of Stockholm (LL.M.)
University of Michigan Law School (Master of Comparative Law/MCL)
Languages
Swedish – native
English
German
Memberships
Swedish Bar Association
The International Bar Association
ICC Commission on International Arbitration
The Panel of Arbitrators of the International Centre for Dispute Resolution (ICDR)
The Chartered Institute of Arbitrators, London
Swedish member of the ICC Court of Arbitration
Executive Committee of the Swedish Arbitration Association
The working party which prepared the IBA Rules on the Taking of Evidence in International Commercial Arbitration.
Contact Information:
+46 76 623 03 27
Christer Söderlund
Advokat, Senior Counsel
Christer Söderlund is Senior Counsel at Morssing&Nycander. He joined the firm in January 2017 after four decades at Vinge as Partner and Senior Counsel. Christer is a respected practitioner in the field of international arbitration. He was a member of the Board of Directors of the SCC Arbitration Institute (2007-2009) and was appointed by the Swedish Government to the ICSID Panel of Arbitrators in 2006. This appointment has been prolonged until 2018. He is included on the Panels of Arbitrators of several arbitration institutions, including the Russian Arbitration Association in Moscow, Cairo Regional Center for International Commercial Arbitration, the Kazakhstani International Arbitrage, the Beijing Arbitration Commission, the Polish Chamber of Commerce and the ICDR Energy Arbitrators’ List (the sole appointee from Sweden). Christer’s practice has a global breadth and encompasses in particular Russia and CIS and the energy practice. He has served as arbitrator under different arbitral regimes, such as SCC, ICC, LCIA, HKIAC and ICSID. He is also a frequent lecturer in the field of international arbitration.
Experience
2017 – AdvokatfirmanMorssing&Nycander, Stockholm
2016 –Magnusson Law Firm
1972 – 2015Vinge, Stockholm
Professional appointments
Examples of representative oil and gas related cases:
- Respondent counsel in major commercial arbitration, based on a still-born production sharing agreement on behalf of a leading gas group in Western Europe. The arbitration, seated in Stockholm, and proceeding under the UNCITRAL arbitration rules, was initiated in 2009 and closed by a final hearing in 2016.
- Respondent counsel for a major Russian oil-producing company in arbitral proceedings in Stockholm. The representation included a setting-aside action in Stockholm, leading to a successful judgment on 25 June 2015 setting aside the challenged award.
- Chairman of an arbitral tribunal in proceedings between Petrokazakhstan Inc. (Canada) and Lukoil OverseasKumkoil B.V. (the Netherlands).
- Respondent counsel for Naftogaz Ukraine in settlement discussions with Gazprom in the years 2009-2010.
- Chairman in arbitral proceedings between Joy Lud Distributor (USA) and Moscow Oil Refinery (Russia).
- Arbitrator, CCL Oil Ltd. v. Kasakhstan, arbitral proceedings relating to an oil refinery project.
Examples of representative engagements involving sovereign states:
- Serving on ICSID ad hoc committees:
- ICSID annulment proceedings: Sempra Energy International v. Argentina (Chairman)
- Eduardo Vieira v. Chile (Chairman)
- Continental Casual Company v. Argentina (Committee Member)
- Quiborax et al v. Bolivia (Committee Member)
- Serving as Chairman on ICSID arbitration Tribunals:
- OJSC Blue Bank v. Venezuela
- Cementos v. Egypt
- Amto v. Ukraine, arbitrator (Energy Charter Treaty).
- Bogdanova v. Moldova, SoleArbitrator (SCC)
Publications
- Third Party Funding in Arbitral Proceedings (Swedish), JuridiskTidskrift 2015-16, p. 959
- Compensation under international Law in Cases of Treaty Breach Resulting in Impairment of Business Performance, The Journal of World Investment & Trade 13 (2012)
- Intra-EU BIT Investment Protection and the EC Treaty, Transnational Dispute Management (April 2007)
- State Subsidies and Public Policy, Oil, Gas & Energy Law Intelligence, Vol. 5 – issue 2, April 2007
- New Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, the Ukrainian Journal of Business Law, p. 36-37, 2007
- Multi-Modal Dispute Resolution Clauses, Journal MezhdunarodnyKommercheskyArbitrazh No. 3, 2006 in Russian
- Multiple Judicial Proceedings and the Energy Charter Treaty, Investment Arbitration and the Energy Charter Treaty, JurisNet, 2006
- Lis Pendens, Res Judicata and the Issue of Parallel Judicial Proceedings, Journal of International Arbitration, Vol. 22 No. 4, August 2005
- The Valuation of lost Profits – Finding it Right. The Journal of World Investment and Trade, V01.6, February 2005
- Foreign Investments and Arbitration with a Sovereign State, Journal MezhdunarodnyKommercheskyArbitrazh No. 2, 2005 in Russian
- When is an Award deemed to have been rendered in Sweden? Stockholm International Arbitration Review 2005:2
- Recognition of Foreign Arbitration Awards: Swedish Practice, Journal MezhdunarodnyKommercheskyArbitrazh No. 4, 2004 in Russian
- VergleichenderÜberblickzurSchiedsgerichtbarkeit in Deutschland, England, Russland, und Schweden, ZeitschriftfürSchiedsverfahren 3/2004
- A valid agreement to arbitrate?, Yearbook 1996 of the Arbitration Institute of the Stockholm Chamber of Commerce, JuridiskTidskrift 1997-98, p. 227
Education
1969 LLM, University of Stockholm
Languages
Swedish – native
English
Spanish
Russian
French
German
Memberships
Swedish Bar Association
Contact Information:
+46 70 388 41 22