The Cape Town Convention on International Interests in Mobile Equipment of 16 November 2001 (the the “CTC”) and its Protocol on Matters Specific to Aircraft Equipment has since its adaption in 2001 grown to be the overruling legal framework in the aviation industry, providing banks, airlines and leasing companies with an international unified regime on acknowledgement and enforcement of security interests in aircraft ...
A recent court ruling from Gulating lagmannsrett (Court of Appeal) states that bonus payments are not covered by the principle of equal treatment for temporary agency workers, cf. LG-2018-162656. The ruling has been appealed, and the result of the appeal to the Supreme Court will be of great importance to many companies and employees of temporary work agencies ...
The Norwegian Supreme Court delivered its judgement in the so-called Fosen-Linjen case 27 September 2019 (HR-2019-1801-A). The Fosen-Linjen case has been much debated the latter years, inter alia because it has been the only Norwegian case to have been subject to two EFTA Court referrals, cf. the decisions of the EFTA Court in cases E-16/16 (Fosen-Linjen I) and E-7/18 (Fosen-Linjen II) ...
On 3 October 2019, the European Court of Justice (ECJ) published its groundbreaking ruling in case C-18/18 establishing that the EU enables national courts to order information societies such as Facebook to remove defamatory information. This also encompasses equivalent versions of previously declared illegal information. In doing so, the ECJ effectively held that EU law does not preclude injunctions issued by national courts from producing worldwide effects ...
There is an ongoing controversy relating to search engine advertising. In particular regarding the legality of purchasing search terms incorporating third-party trademarks. In seeking a reasonable legal standard, this article discusses the latest legal development in trademark, unfair trading practices, marketing, and competition Law ...
On 7 August 2019 a new UN convention was signed in Singapore by 46 countries, the "UN Convention on International Settlement Agreements Resulting from Mediation", also known as the Singapore Convention. The Singapore Convention applies to international settlement agreements resulting from mediation and aims to be an instrument for international trade to facilitate and promote mediation as an alternative method of resolving trade disputes ...
According to the recent insurance broker's Transactional Risk Insurance Claims Study1, the number of W&I claims have increased by 293% between 2016 and 2018 in Europe, the Middle East and Africa (the EMEA-region). One explanation is of course the triple increase W&I policies issued over the same period. The W&I market have become more mature than what it was just some few years back ...
In LG-2018-161055 the Court of appeal, in a case regarding preliminary action, gave an elaborated assessment regarding under what conditions an employer can deprive an employee of his or her duties in the notice period. Introduction An employer only exceptionally has the right to deprive a dismissed employee of his or her duties within the period of notice. For this to be possible, there must be "particularly compelling reasons" ...
SVW has, across its offices, been giving guidance to clients both under English and Norwegian law as to the Coronavirus impact on shipping contracts, including on force majeure and similar exceptions clauses, and contract frustration. Read our recent publication, touching upon these issues. The Covid19 Virus Only two months have passed since the novel coronavirus was detected in Wuhan, China ...
Today, artificial intelligence (AI) based on neural networks may come up with ideas that are not dependent on human input. This raises questions as to who shall be regarded as the inventor of an invention created solely by a machine. Could an AI system be considered the inventor behind a patented invention? The answer is no, concludes EPO – the European Patent Office - in two recent applications ...
On 17 February 2020, we wrote our first notes on the effect of the virus on shipping. Since then, both the outbreak as well as the measures against it are spreading wider. Link to our first article about the Covid-19 and its impact on Shipping. We have received numerous queries from our clients and have assisted in establishing management plans for situations ranging from chartering, to shipbuilding and sale and purchase through to notices to master and crew on board ...
On 15 March 2020, the Norwegian government presented their proposal for new loan and guarantee schemes in the total amount of NOK 100 billion, to strengthen Norwegian companies' liquidity during the Covid-19 outbreak. The proposal includes: A NOK 50 billion funding which will be applied to issue guarantees in favour of banks as security for new loans granted to small and medium sized companies ...
The authorities have been quick to publish public procurement law guidance for the Covid-19 crisis. In this article we argue that Norwegian authorities could have provided even more clear guidance on what is to be considered at the crossroad between public procurement law and the protection of life and health. The exceptional Covid-19 crisis has given contracting authorities new and unforeseen challenges ...
Many organizations are these days in a phase of reorganizing their operations and establishing alternative solutions to ensure continued business work capacity. Meanwhile numerous hackers and other cyber criminals around the world are mobilizing themselves to take advantage of the extraordinary situation. All business should therefore be aware of a significant increase of cyber risk in relation to the current corona crisis ...
With public markets collapsing and economists predicting a Eurozone recession, the European M&A market must also be expected to be heavily impacted by the coronavirus. “There will be transactions pulled if there hasn’t been already,” said a partner at one London-based private equity firm. “There is too much uncertainty and sellers will need to adjust to the new environment. It will take some time for the new reality to be reflected in pricing ...
On Wednesday 18 March 2020, the Norwegian Government put forward a bill which will give the Government vast authorization to fight Covid-19 and its consequences for the society. Today, 21 March 2020, a more narrow Corona act was adopted by the Norwegian Parliament. Read more about the initial proposal. After the initial critical voices, the Parliament chose to initiate a speedily hearing, where it invited i.a ...
Many businesses are struggling due to the Covid-19 outbreak and associated restrictions. They face immediate consequences in terms of reduced labor force, counterparties unable to deliver and own failure to deliver. In this phase, it is crucial for the business to be proactive and set out a plan to maintain operational operations and mitigate the risk. In a chaotic situation with unforeseen and complex consequences, one may easily react with panic ...
The Norwegian Ministry of Trade, Industry and Fisheries has adopted a new regulation exempting the transport sector from the prohibition in Section 10 of the Norwegian Competition Act; cf. FOR-2020-03-18-340. Section 10 is the national equivalent to Article 101 TFEU and 53 EEA. The new rules are set to apply for three months but may be prolonged or shortened, depending on how the ongoing covid-19 pandemic evolves ...
The aviation industry came to a standstill this month due to the outbreak of the Covid-19 virus, and this has hit the airlines worldwide. With the majority of the fleet on the tarmac, we could potentially see a number of airlines defaulting on their lease agreements and loan facilities. The question of how to enforce security or repossess an aircraft could sadly turn out to be something the lessors and the lenders would have to look into more closely in the time to come ...
Yesterday, Wednesday 18 March 2020, the Norwegian Government put forward a bill which will give the Government vast authorization to fight Covid-19 and its consequences for the society. It is called the corona act. The aim is to facilitate "sound and effective measures necessary to limit the disruption of normal social functions" of the Covid-19 outbreak (article 1) ...
Many companies are now in crisis due to the Covid-19 outbreak. The European Commission and EFTA Surveillance Authority, therefore, ease state aid rules. In practice, large parts of the state aid rules and guidelines are now virtually "suspended ...
A temporary work agency had, over a period of four years, hired out workers to an oil company that had a bonus scheme at company level for its employees. The Supreme Court found that the bonus scheme was a form of performance-related pay and thus covered by the term «pay» in section 14-12 a subsection 1 (f) of the Working Environment Act. The temporary work agency was thus obliged to pay a bonus to the two workers as if they had been permanently employed in the oil company ...
The London Interbank Offered Rate («LIBOR«) is arguably the financial world’s most important number; it is a proxy for banks’ marginal funding costs and serves as benchmark rate in millions of loans, floating-rate debt, and financial contracts. The publication of the LIBOR will in all likelihood, cease by the end of 2021. The shift from LIBOR is an immense change to global finance and will have far-reaching impacts on the financial services industry ...
Contrary to what is the case in many jurisdictions, in Norway the business activity of lending is subject to strict licensing requirements. Only certain financial institutions are eligible for a license permitting them to conduct the business of lending in Norway ...
Buyers’ Default Clause 13 of Saleform 2012 regulates Buyers’ default. The potential Buyers’ defaults are quite restricted to payment defaults. There are no Buyers’ default linked to failure to take over the Vessel (like you often find in shipbuilding contracts) or failure to provide the agreed documents. Nor is it likely that a Buyer will pay for the Vessel but not accept physical delivery ...
