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:

Public law

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.

Our advice includes:

Oil and gas

The Norwegian petroleum sector is the largest contributor to the national budget, and since the 1980s Kvale has been one of the leading Norwegian law firms within this sector. We have been involved in most of the field developments on the Norwegian continental shelf, dating back to the opening of the Statfjord and Gullfaks fields up to the present day.  We have acted as counsel in some of the biggest and most complex oil & gas disputes and transactions on the Norwegian continental shelf (NCS).

We provide regulatory and contractual advice within the whole value chain, from establishing a company in Norway to exploration, development, production and up to cessation of the petroleum activities. The regulations and contracts are highly complex.  During the years we have been able to build up an unique industry sector knowledge, which has been a key factor for establishing our position as a leading and top ranked oil & gas law firm. 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)

Our advice includes:

Kvale also advises the participants in the petroleum sector within other areas of law, including tax law, employment & labor law and competition law.

News:

Articles:

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:

Litigation and dispute resolution

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 10 lawyers who are admitted to appear before the Norwegian Supreme Court.

 

Our advice includes:

Restructuring, insolvency and investigations

Kvale has one of the largest and most recognized restructuring and insolvency departments in Norway, and is top rated in national and international rankings.  We regularly advise financial institutions in problem cases, including in inter creditor negotiations and in assessing the bank’s position and risk when their customer encounters economic problems. Kvale draft refinancing loan documentation, security and guarantee documentation and inter creditor agreements, and we also assist with collection of claims and enforcement of security interests.

Kvale’s lawyers are often appointed as administrators of bankruptcy proceedings or debt settlement proceedings in complicated national and international insolvency cases, and are continuingly handling a substantial numbers of companies in liquidation of which several are the largest in Norway. Kvale’s lawyers are also appointed as administrators of public administration of an estate.

Within restructuring and refinancing we assist the board of directors and the administration with finding different measures and instruments that could contribute to rescuing the enterprise, including refinancing options, restructuring options and either out of court or judicial creditor negotiations. We also give tactical advise in relation to generation changes, both in Norwegian and international company groups.

Kvale leads private and public investigations, and can offer a confidential and anonymous whistleblower reporting service. Read more about our whistleblower reporting service here.

Our advice includes:

Articles:

Corporate law

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.

 

Our advice includes:

Tax

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.

Our advice includes: