In this edition, we offer a diverse range of content: First, we present an update on an upcoming case before the Supreme Court concerning section 36 of the Contracts Act. We will also provide some insights from a recent Supreme Court ruling on the insurance condition regarding sudden and unforeseen physical damage. Additionally, we discuss significant takeaways from the appeals judgment in the Dutch Shell case ...
Siri comes to us from her role as a private practice lawyer at Legal in Stavanger. With more than two decades of experience as a corporate lawyer, she has worked with major international entities in the oil and gas sector, including Aker Solutions, Subsea 7, Aibel, and Archer. Additionally, Siri led the contracts and legal department for Acergy’s Asia and Middle East region in Singapore for a period ...
The Gaming Authority has already initiated an audit to identify which websites are subject to blocking, and many gambling companies have already received pre-warning letters from the Gaming Authority. Also, “circumvention” of the payment transaction ban (Norwegian banks are required to block payment transactions for foreign gambling offers) is now, according to the authorities, considered to be sufficient for a gambling offer to be “aimed at” Norway ...
Since 2009, Christian Bohne has assisted companies and banks with corporate legal advice. He has specialised expertise in insolvency and restructuring and is regularly appointed as an estate administrator and restructuring agent by Agder District Court. Christian advises companies facing financial difficulties, banks handling defaulted engagements, as well as creditors, shareholders, and boards on liability issues. Christian has 11 years of experience as a lawyer at Kvale Law Firm in Oslo ...
1. Introduction The Act imposes an obligation on companies and other legal entities to obtain information about the company’s beneficial owners. The purpose of the Act is to improve access to information about ownership and control in Norwegian companies, and to be a tool in the fight against money laundering, terrorist financing and other financial crime. The parties subject to the Act are referred to in the Act as «obliged entities» ...
Background In January 2022, the Hordaland District Court issued a decision that authorised the Competition Authority to conduct a dawn raid and seize evidence at Kommunal Landspensjonskasse Mutual Insurance Company (“KLP”). The dawn raid was carried out in February 2022. The seizure included, among other things, electronic material produced by KLP’s in-house lawyers ...
Deadline for transposing NIS2 into national law in the EU and adoption of new implementing regulation On October 17 2024 – the same day as the deadline for transposing the NIS2 Directive into the national law of the EU Member States – the European Commission has adopted an Implementing Regulation to the NIS2 Directive regarding cybersecurity risk management and notification obligations for digital infrastructure and digital service providers ...
Tine Renate Granlund has core expertise in real estate, construction law, and dispute resolution/litigation. She assists contractors at all stages of property development projects – from problem-solving in the early phase, drafting contracts, and handling challenges along the way to disputes that may arise subsequently ...
In this issue, we present an overview of arbitration as a dispute resolution mechanism. This edition also includes some key takeaways from a recent debate in Stockholm on the relevance of Section 36 of the Contracts Act in commercial disputes. Additionally, we provide an update on the proceedings before the Court of Appeal concerning the temporary injunction granted by the Oslo District Court in the Norwegian climate case ...
Case 1: the Lila Lisbon[i] — an appeal on an LMAA arbitration award, at the High Court, London, dealing with whether a Buyer under a NSF 2012 can claim loss of bargain (market price vs purchase price) following Seller’s failure to deliver within Cancelling Date [held: no] ...
On 9 September 2024, Mario Draghi, former Italian Prime Minister and European Central Bank President, presented his highly anticipated report on «The Future of European Competitiveness» to European Commission President Ursula von der Leyen [1][2]. This comprehensive report analyzes the challenges faced by European industries and companies in the Single Market and proposes strategies to enhance the EU’s competitiveness [2] ...
On 18 September 2024, SVW and head of EU law Jan Magne Langseth pleaded on behalf the Plaintiff – Alsaker Fjordbruk– one of Norway’s biggest salmon producers – in case E-8/24 before the EFTA Court ...
«As Managing Partner, Mona Søyland has made a great effort for Simonsen Vogt Wiig, which has significantly strengthened the firm’s market position. We thank Mona for her great efforts throughout the period and are very pleased that she continues in the partnership», says Peter Aall Simonsen, Chairman of the board in Simonsen Vogt Wiig. Erlend Lous (51) will take over from Mona. Erlend is currently a partner on the Ocean team in Oslo ...
The primary purpose of the trial period is to assess whether the employee meets the employer’s reasonable performance expectations. Conversely, it gives the employee a chance to determine if the job aligns with their needs and preferences, benefiting from a shorter notice period during this phase. Once the trial period is over, the employee automatically gains full job protection ...
Linn Hertwig Eidsheim has over 20 years of experience as a business lawyer, with a background that includes serving as a partner (Financing) at Wikborg Rein and a period as corporate counsel at DNB. Linn has substantial experience and expertise in various types of financing, including the financing of ships, installations, and other assets, as well as export financing ...
Stine Lettrem joins from her position as partner and head of the national labor law group at KPMG Law. She also has previous experience from BDO Advokater and worked at Simonsen Vogt Wiig from 2013 to 2016. Stine has 15 years of experience as a business lawyer and primarily works with labor law/pensions. She has broad experience in most areas of labor law and has assisted both national and international clients, as well as the private and public sectors ...
Since our last edition, our team hosted a seminar regarding ad hoc and institutional arbitration. In this edition we present some of the key takeaways from this event. This edition also include an analysis of the use of limitation of liability clauses, based on guidelines set out in the most recent case law. Further we follow up on the latest climate litigation trends. We give you the details on the UK Supreme Court’s ruling concerning environmental impact assessments of combustion ...
The Board concluded that the NDPA does not have authority to impose coercive fines in ongoing cross-border cases. Only in exceptional cases may concerned data protection authorities, such as the NDPA, adopt provisional measures until three months on its own territory. The GDPR sets out that national powers, such as coercive fines, shall not impair the effective powers of the cooperation and consistency mechanism ...
Finland and Sweden secure key arms procurement under EU security exemption The Finnish Defence Forces Logistics Command has finalized a framework agreement with the Swedish Defence Materiel Agency and Finnish arms manufacturer Sako Oy. This agreement – critical for the enhancement of both nations’ military capabilities – bypasses conventional public procurement procedures, invoking Article 346(1)(b) of the Treaty on the Functioning of the European Union (TFEU) ...
Øystein Nore Nyhus is an experienced real estate and dispute lawyer. He has provided advice and dispute resolution services in a number of complex real estate development projects, both commercial and residential. Additionally, Øystein has significant experience assisting actors in the mineral extraction and mining industry ...
Saleform 2012 is one of the most widely used contract formulars for the sale and purchase of second hand tonnage. The Saleform has its origins back to 1925 and was adopted by BIMCO in 1956. Since then, the Saleform has been amended several times, latest in 2012 ...
In July 2023, the World Seafood Center opened its new facility at Oslo Airport, the world’s largest refrigerated terminal for handling of fresh seafood. Large quantities of seafood are being exported from Norway every day from this terminal ...
The Written Observations submitted by the plaintiffs to the EFTA Court The plaintiffs argue that the rights provided by the EEA Agreement are applicable in the present case because there is a «cross-border element» – a factor that links the case to EEA law ...
On December 22, 2023, Agder Court of Appeal issued a ruling in a case between an excavator seller and a leasing customer who had leased an excavator through a leasing company. According to the agreement between the parties, the leasing company was the formal owner of the excavator. The role as owner was however limited to financing ...
The recent ruling from Hålogaland Court of Appeal on 5 April 2024 involved a dispute concerning communication by email between the parties under a Norwegian standard building and civil engineering contract (NS 8405). This standard contract includes provisions addressing several duties with respect to timely formal communication in order to safeguard contractual rights ...
