Maritime Law

Norway has long tradition as a maritime nation, and maritime law encompass all legal sides of the shipping industry.

Our lawyers assists with all maritime law aspects, from private lawissues such as charterparties and other marine contract law, casualties, marine insurance, to public law issues such as pollution liability, sanctions law and other governmental aspects relevant for the shipping industry.

We plead maritime law cases before the ordinary courts and in arbitration proceedings, as well as assisting our clients with litigation outside Norway utilising our wide international network.

Maritime emergency: + 47 22 47 97 80

Food law

The Food & Drink Industry is one of Norway’s largest industries, and it is subject to strict regulations in order to contribute to food safety and food security as well as a high consumer protection. The food law is in all material aspects EU/EEA related – and is constantly changing. Kvale follows the legislative development close and the firm has a substantial knowledge within food i law. The firm assists large Norwegian and Foreign Companies in all questions related to the food law. Kvale has as the only Norwegian law firm joined Food Lawyers Network, and contributes as a regular correspondent in the periodical European Food & Feed Law Review.

Our advice includes:

Public procurement

Public-sector purchases of goods and services amount to approximately NOK 480 billion a year. The majority of purchases must comply with a fixed procedural framework based on both EU law and Norwegian procurement legislation. Kvale’s focus on the public procurement field in recent years has given it considerable expertise in this area.

Kvale advises both purchasers and suppliers, and is thus highly familiar with the perspectives and interests of both sides. Although the firm serves a wide range of clients, the majority of its assignments relate to the healthcare and pharmaceuticals, energy, ICT, transport, real estate and construction industries.

Kvale advises on all aspects of the procurement process.

We assist purchasers with, for example:

We assist suppliers with such matters as:

Öffentliches Recht

Public law is a wide and complex special field. Good guidance depends upon a thorough knowledge of public work and the particular rules of law, which Kvale has.

Our lawyers give assistance to local governments, wholly-owned or partly owned public enterprises and private parties on the entire width of administrative law and of the remaining issues within public law.  This includes planning and building law, expropriation, infrastructure, public liability, administrative law in general, law of local government and health, school and social-/welfare law.  Kvale has entered into general agreements with several municipals.

Kvale has substantial experience in the decision-making processes in the public administration and with preliminary works for political decisions.

We give assistance in negotiations and are also counsel for municipals and private parties in legal disputes for all instances.

We assist with:

Erdöl und Erdgas

The Norwegian petroleum business is the largest contributor to the national budget, and since the 1980s Kvale has been one of the leading Norwegian legal firms within this sector. We have been involved in most of the developments on the Norwegian continental shelf, from the opening of the Statfjord and Gullfaks fields up to the present day, and we have acted as legal representative in some of the biggest dispute cases within the sector. Kvale provides regulatory and contract-law assistance in relation to all phases of the petroleum business. The regulations and contracts are highly complex, and our sound industry-specific knowledge has provided a good foundation for building up our strong team within advisory services and dispute resolution for this sector.

Kvale’s oil and gas practice is recognised as top-tier in the Legal 500 guide. Their report states:

“Kvale Advokatfirma DA provides a ‘superb service’ in regard to regulatory work, where clients include DONG and Statoil. Yngve Bustnesli is ‘excellent’ on oil and gas contracts and has handled a number of asset transactions, including for Atlantic Petroleum Norge. Team head Jens Brede is an expert oil and gas litigator.” (Legal 500 2015)

We help companies in the petroleum industry with:

– Prequalification as licensee on the Norwegian continental shelf

– Guidance in relation to the requirements of the petroleum regulations and the licensing system (the cooperation agreement)

– The HSE regulations, including preparation of management systems to comply with the requirements of the regulations (compliance)

– Development agreements, seismic agreements, unitisation agreements, drilling contracts, rig hire agreements, insurance agreements, infrastructure access agreements, agreements on the sale and transport of oil and gas, agreements on the transfer of shareholdings in fields, and agreements on the removal of scrapped installations

– Dispute resolution in relation to the petroleum regulations and the various contracts used in the business

Data protection and privacy

In today’s digital society all businesses treats personal data. New methods for storing, sharing and analysing information has increased the commercial value of customer data. At the same time public regulation imposes stricter requirements on how private businesses and public authorities ensure the privacy of the individual. The risk of infringement will increase even more when the General Data Protection Regulation (GDPR) enters into force in 2018 introducing new requirements on accountability, privacy by design and data portability on replaces the current Data Protection Regulation in 2018.

Strong privacy is a competitive advantage. Our experienced team renders both legal and strategical assistance in order to ensure that your business handles the personal data in compliance with the existing  data protection legislation.

Our lawyers can among other things assist you with:

Gerichtsverhandlungen und Streitlösungen

Kvale’s lawyers have extensive experience of handling large and complex civil actions through the ordinary courts and arbitration tribunals. We frequently represent many of Norway’s biggest companies, including those in the oil and gas, energy and telecoms industries. We possess strong commercial understanding in addition to the professional weight required in order to assist you in the best possible way.

Kvale is recognised as a top-tier firm within litigation, and the company’s skilled lawyers are regularly appointed as arbitration judges in legal conflicts between businesses. Our team includes more than 25 lawyers who conduct cases regularly, and the firm has six lawyers who are admitted to appear before the Norwegian Supreme Court.

We assist with:

Restrukturierung, Insolvenz und Untersuchungen

Restructuring, insolvency and investigations

Kvale possesses extensive experience in performing investigations in both the public and the private sectors. Our investigations and compliance team is made up of lawyers who, together, represent a full range of our various fields of legal expertise. To ensure an effective investigation process, we adapt our method and tools in accordance with the size and complexity of each case. We have an excellent network of partners in the fields of auditing, accounting and data security, whom we work together with on major investigations.

Kvale also offers preventive advisory services, evaluation of companies’ internal procedures and assisting with drafting new ethical frameworks and codes of conduct, decision-making processes and strategies for handling especially demanding situations.

In partnership with the Whistleblowing Centre, Kvale can offer an effective and secure system for the handling of whistleblowing communications. The whistleblowing service can be set up on the client’s website or elsewhere, and can provide complete anonymity if required. Establishing a whistleblowing service reduces the risk of financial irregularities. See here for more details about our whistleblowing service.

Inheritance and succession planning

The field of inheritance and succession planning is growing increasingly complex. This is partly attributable to a rise in overall prosperity, which has resulted in higher net worth and assets, including assets relating to personally owned businesses. In addition, succession planning increasingly encompasses financial and other assets located abroad. In addition to helping business owners plan and implement the transfer of control to their chosen successor, our lawyers focus particularly on finding estate planning solutions that meet each client’s specific requirements. The lawyers working in this field at Kvale have considerable experience of litigation in connection with contested wills and other inheritance disputes.

We assist with:

Gesellschaftsrecht

Kvale’s legal specialists excel in all areas of corporate law. We have extensive experience of advising in connection with the creation of corporate structures, the framing of shareholder agreements, mergers and demergers, changes in equity, dividend assessments, etc.

We can help you safeguard your rights with respect to other shareholders or partners. Good shareholder agreements and company documentation provide the necessary flexibility and security. Should a dispute arise, we can help to find a solution, either through negotiation and mediation or litigation before the courts.

We provide day-to-day assistance to managements and boards of listed and unlisted companies.  We also assist a wide range of publicly owned undertakings.

 

We assist with:

Steuerrecht

Tax is a key area for all businesses operating in Norway, and the consequences of breaching the regulations can be significant.

Our skilled lawyers have extensive expertise within tax and accounting matters, and can draw on valuable experience from the Norwegian Tax Administration. Kvale’s tax group works closely with our other departments, such as real estate and corporate M&A.

The main focus is on business taxation and capital taxation, VAT, and special tax regimes in the petroleum, energy and shipping industries.

In addition to providing ongoing tax advisory services to our clients, we also provide assistance in connection with audits, filing of complaints and legal proceedings in tax cases.

We assist with: