Member Article

Several interesting cases have been decided both by the ordinary courts and by other dispute resolution bodies over the past year. We have also observed some emerging trends in dispute resolution.

Key decisions from the Supreme Court include HR-2024-550-A. which involved the ownership of minerals. The landowner’s side was represented by SVW partners Øystein Nore Nyhus and Christian Reusch. From the insurance sector, HR-2024-2040-A is noteworthy. The key issue was whether a turbine failure caused by water infiltration was covered by insurance covering sudden and unforeseen damage. Moreover HR-2024-549-A (Valid reasons to present a new claim cf. Dispute Act section 30-7), HR-2024-124-A (Impartiality of judges cf. section 108 of the Courts of Justice Act), HR-2024-982-S (Ownership of unregistered land in Karasjok, read more in an article written by Nore Nyhus and Reusch here), HR-2024-1146-A (Insurance companies right to claim recourse from Municipalities), HR-2024-1195-A (Distinction between general and specific disadvantages when awarding compensation for expropriation) and HR-2024-1200-A (The statute of limitations for standard compensation for flight cancellations) are also judgements to note.

The past year was also a turning point for climate litigation. Nationally, Greenpeace etc. won a lawsuit before Oslo District Court that invalidated three permits for new oil fields. Read the judgement here. The case is still pending and at the present time certain questions are being considered by the EFTA Court. Additionally, a lawsuit which challenges seabed mineral activities on the continental shelf filed by WWF, is another landmark case. A judgment is expected in the first part of 2025. SVW partner Jenny Sandvig represents the environmental organizations in the mentioned lawsuits. Internationally, the decisions Verein Klimaseniorinnen v. Switzerland (ECHR) and Finch v. Surrey County Council  from the UK Supreme Court contributed to making 2024 a remarkable year in climate litigation. Read the judgement here.

With regard to news and trends in dispute resolution, it is worth highlighting that new guidelines for civil cases have been published and that certain adjustments have been made to the Disputes Act. It also appears that the courts have increased their scrutiny of legal costs awarded to the prevailing party.

In arbitration, there has been an increased focus on institutional arbitration. This can perhaps lead to institutional arbitration being chosen more often in the future, instead of ad hoc arbitration, which is the traditional choice in Norway.

Looking ahead to the beginning of next year, we will highlight a case concerning contract revision under section 36 of the Contract Act, which is scheduled for the Supreme Court in January 2025. The sellers are represented by SVW partner Christian Reusch. The outcome of this case is expected to illuminate the threshold for the use of section 36 outside business-to-customer contracts.

If you want to read more about any of the topics above, you will find more detailed information in SVW’s Dispute Resolution newsletter for Q1, Q2, Q3 or Q4.

We wish everyone a Merry Christmas and a Happy New Year!

The post Norwegian Legal Summary of 2024: Dispute Resolution appeared first on Simonsen Vogt Wiig.