Latest updates

Insurance event and periodisation of insurance cover – interpretation and revision of insurance contracts
Advokatfirmaet Thommessen AS
  • Insurance
  • Norway
  • 20 October 2020

The Supreme Court recently confirmed several important starting points relevant to the periodisation of an insurance event for the assessment of cover. The ruling addressed issues relating to both defining insurance periods and determining when insurance events occur. The Supreme Court also addressed the question of what is required to revise an insurance agreement pursuant to Section 36 of the Contract Act on unreasonable contract terms.

Proposal to maintain increased unemployment benefit throughout 2020
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 23 September 2020

In response to the COVID-19 pandemic, the government has implemented several measures to secure jobs, boost the labour market and maintain stability for the workforce, including increasing the unemployment benefit. This temporary amendment originally applied until 31 October 2020. However, the government is set to propose a budget resolution before Parliament to extend the increased unemployment benefit to 31 December 2020.

COVID-19: proposal to extend lay-off period to 52 weeks
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 16 September 2020

As a result of the COVID-19 pandemic, the government has proposed to extend the temporary lay-off period to 52 weeks from 1 November 2020. The extension will help the business community financially during an uncertain time. This implies that, among other things, the period in which temporarily laid-off employees may be entitled to unemployment benefits will be extended from 26 weeks to 52 weeks.

Pandemic delay clause in Nordic marine loss of hire insurance
Advokatfirmaet Thommessen AS
  • Insurance
  • Norway
  • 15 September 2020

In marine insurance, business interruption is covered by loss of hire (LoH) insurance. LoH is a separate insurance for loss of time caused by a casualty and linked to the hull and machinery insurance for the insured vessel or unit when it covers repair costs. The COVID-19 pandemic and the restrictions imposed will not be considered a 'casualty' for an insured vessel or unit. However, for marine casualties caused by other perils, it is clear that COVID-19 has led and will lead to significant prolongations of repair periods.

Monster unleashed the beast, but was shot down by the court
Advokatfirmaet Hjort
  • Intellectual Property
  • Norway
  • 14 September 2020

International energy drink giant Monster Energy Company recently lost a trademark infringement claim against energy drinks start-up Manimal Energy before the Borgarting Court of Appeals. The appeal court also rejected Monster's claim that Manimal had copied Monster's products in violation of Norwegian marketing law. Despite this setback, Monster may still consider such action successful due to the chilling effect that it could have on competing brands and products.

COVID-19: change to period in which employers have payroll obligation when temporarily laying off employees
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 09 September 2020

As a result of the COVID-19 pandemic, the government has implemented several measures to protect businesses, jobs and workers. The government recently adopted changes to the period in which employers have a duty of remuneration when temporarily laying off employees. From 1 September 2020, the duty of remuneration period will be 10 days.

Benefits of NOMA versus ad hoc arbitration in shipping and offshore contracts
Wikborg Rein
  • Shipping & Transport
  • Norway
  • 02 September 2020

Arbitration is the most commonly used dispute resolution mechanism in shipping and offshore contracts. However, parties often tend to spend little or no effort reflecting on the type of arbitration solution chosen (ie, ad hoc versus institutional arbitration). This article highlights the benefits of agreeing to arbitration under the rules of the Nordic Offshore and Maritime Arbitration Association versus ad hoc arbitration.

Supreme Court clarifies time-bar rules applicable to direct actions against P&I insurers
Wikborg Rein
  • Shipping & Transport
  • Norway
  • 19 August 2020

A recent Supreme Court decision examined the mandatory scope of the Insurance Contract Act and the application of the general Time Bar Act in direct actions against protection and indemnity insurers under Norwegian law. The dispute arose out of an incident that took place in China in 2007, during which capesize vessel Mineral Libin made contact with another vessel and a buoy when berthing.

Shipyards' right of retention for non-payment
Wikborg Rein
  • Shipping & Transport
  • Norway
  • 12 August 2020

Under the Maritime Code, a shipyard which constructs or repairs a ship may retain physical possession of that ship until it has been paid by the relevant shipowner. The right of retention for non-payment is one of the key weapons in the arsenal of shipyards and enables them to exert a significant amount of pressure on both shipowners and other creditors to require prompt payment as and when it is due.

Bareboat registration – new initiative to retain Norway's position as leading maritime nation
Wikborg Rein
  • Shipping & Transport
  • Norway
  • 15 July 2020

The Norwegian regulations on ship registration have been criticised for being complicated and outdated, thereby making the Norwegian ship registers unattractive compared with more flexible alternatives offered by the so-called 'flags of convenience'. In response to such criticism, Parliament recently passed a bill effecting certain amendments to the relevant legislation aimed at opening up and facilitating the parallel registration of ships (bareboat registration) both in and out of the Norwegian ship registers.

COVID-19: payroll support for bringing temporarily laid-off employees back to work
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 01 July 2020

The government has proposed a temporary arrangement under which employers can apply for payroll support to bring their laid-off employees back to work. The grounds for the proposal are that the number of temporarily laid-off employees is still high (as of 2 June 2020, nearly 330,000 full or partially unemployed individuals were registered). The support scheme aims to reduce the number of laid-off individuals and counteract the risk that unemployment in Norway will stabilise at a high level.

COVID-19: temporary changes for laid-off employees who belong to private pension schemes
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 24 June 2020

In order to deal with the financial consequences of the COVID-19 outbreak, Parliament has adopted temporary amendments to the rules for temporarily laid-off employees who belong to private pension schemes. As such, employers may choose to allow laid-off employees to retain their membership with a pension scheme during the lay-off period. The individual employee must bear the cost of continuing insurance for the membership, while the business must continue to pay the administrative costs.

Supreme Court rules in favour of Apple on trademark debranding
Advokatfirmaet Hjort
  • Intellectual Property
  • Norway
  • 22 June 2020

The Supreme Court recently handed down a decision in a case concerning screens for iPhones imported into Norway by a mobile repair shop operator. The screens, which were not manufactured by Apple, had originally been branded with the Apple logo, but the logos were covered with marker. The question was whether the screens infringed Apple's trademark rights.

COVID-19 FAQs: recalling workers who have been temporarily laid off
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 17 June 2020

As the COVID-19 pandemic restrictions are relaxed and society gradually reopens, employers may need to call laid-off employees back to work. This article answers FAQs for employers which find themselves in this situation, including when does the temporary lay-off period end, who should be called back to work first and can employers bring employees back part time?

What security options are available for lenders to offshore wind projects?
Advokatfirmaet Simonsen Vogt Wiig AS
  • Energy & Natural Resources
  • Norway
  • 15 June 2020

Equinor's pioneering Hywind Tampen project – set to become the biggest floating wind farm in the world – marks the first foray into offshore wind production in Norway. There are high hopes for the potential of this industry in a country with a long coastline and considerable offshore energy production expertise. However, a number of issues must be resolved in order for offshore wind production to become a commercially viable industry in Norway.

New rules on customs seizures: Norway aligns with European Union
Advokatfirmaet Hjort
  • Intellectual Property
  • Norway
  • 08 June 2020

Norway is introducing new rules on customs seizures of goods that infringe IP rights. The new rules are likely to take effect from January 2021 and are more aligned with the comparable EU rules than the current Norwegian regulations. Nonetheless, Norway will not become part of the EU-wide system for submitting and handling applications for border seizures.

COVID-19: legal challenges for shipping industry
Wikborg Rein
  • Shipping & Transport
  • Norway
  • 15 April 2020

The fast spread of COVID-19 worldwide and the actions taken by regulatory bodies have created challenges for the shipping industry in particular given its international character. Much information is available, but it is fragmented. This article set outs several issues of importance and gives basic information to help parties handle the situation at hand in the best possible manner.

Government abandons national framework for land-based wind power
Advokatfirmaet Simonsen Vogt Wiig AS
  • Energy & Natural Resources
  • Norway
  • 09 March 2020

Following a public hearing, the government has abandoned its plan to finalise and approve a national framework for land-based wind power. According to Prime Minister Erna Solberg, the framework's purpose was to reduce the conflict that land-based wind power has experienced in recent years. However, the public hearing showed that the framework may have had the opposite effect.

Security options for lenders in offshore wind projects
Advokatfirmaet Simonsen Vogt Wiig AS
  • Energy & Natural Resources
  • Norway
  • 02 March 2020

Equinor's Hywind Tampen project – set to become the biggest floating wind farm in the world – marks the first foray into offshore wind production in Norway. There are high hopes for the potential of this industry in Norway, which has a vast continental shelf and territorial waters and considerable expertise in traditional offshore energy production. That said, a number of issues must be resolved in order for offshore wind production to become a commercially viable industry in Norway.

Workforce reductions and length of service
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 26 February 2020

A recent Supreme Court ruling states that the principle of length of service affects companies' possibility to limit the scope for workforce reductions. This applies to companies bound by a collective bargaining agreement that contains a provision concerning the use of length of service in workforce reductions.