Dispute Resolution

Key Contacts: Magnus Nordøy Snellingen and Olav Fr. Perland

Companies are subject to requirements imposed by national and international authorities. They are also exposed to expectations from shareholders and contractual parties whose demands for professionalism are increasingly strict. Financial statements must be audited, anti-money laundering procedures must be implemented, data protection legislation must be followed and contracts must be reviewed and complied with to ensure the company’s best interests. In order to meet these expectations, consultancy services are purchased for billions of NOK every year. The advisers are bound by firm professional liability anchored in the legislation and the contracts. Potential liability for compensation can become highly significant. Boards of directors and general managers are also subject to stict obligations under company legislation, with a statutory liability for damages. There is a persistent tendency of compensation claims from shareholders, bankruptcy estates, co-contractors or others, and the tendency is on the increase, both in numbers and scope.

Professional liability and directors’ liability are often covered by insurance, both by national and international insurance companies. Wiersholm’s insurance team possess expertise and industry understanding accumulated from several decades of close cooperation with industry players. They are distinguished in international rankings for precisely this. Wiersholm does not work for any specific industry player exclusively, but for various clients, insurers and intermediaries.

With the firm’s interdisciplinary expertise and industry understanding in both liability and insurance, Wiersholm occupies an exceptional position. Wiersholm regularly assists in complex liability and insurance cases that demand specialised and interdisciplinary expertise in both liability and insurance. Wiersholm is not only leading-edge as an advisor for businesses, professional practitioners, board members and insurance companies ahead of lawsuits, but has also conducted some of Norway’s most significant liability cases before the courts, and has assisted in disputes that have found their resolution through out-of-court settlements or court settlements.

Key Contacts: Christel Søreide and Jan Fougner

Employment law disputes that end up in court, including the Supreme Court and the Labour Court, constitute a priority of Wiersholm’s employment law practice. A considerable amount of all cases before the courts concern employment law. Evolution over the last couple of years shows that these cases are growing increasingly complex. Wiersholm assists businesses in all types of legal disputes. Excellent legal craftsmanship and results do nevertheless require more than legal expertise. Employment law cases tend to be tough for everyone involved. We put an extra effort into understanding the business’ priorities and into close cooperation with the client in order to enhance everyone’s strengths, ensure a wise process and a strategy that puts reconciliation first.

In addition, Wiersholm can boast interdisciplinary pension expertise and extensive experience in assisting different players in the pension field. Pension represents great values for pension suppliers, employers and employees, and it is subject to a series of different regulations. Wiersholm takes on a broad spectrum of disputes related to pension, including disputes between businesses and employees regarding changes to pension schemes, calculations of pensionable income, regulation of pension, individual pension agreements and back payment claims.

Key Contacts: Georg Abusdal Engebretsen and Jan Fougner

Sustainability is increasingly becoming a success factor for businesses in Norway and worldwide. The green shift is driven forward by regulatory efforts in interaction with commercial initiative, which makes it a field that is not only of the utmost importance, but also highly complex. The field is undergoing rapid and continuous transformation, whether it be through requirements for the climate and the environment, for human rights or for other areas within ESG. There is an ongoing shift from “soft law” to “hard law”, and sustainability matters become more and more frequent among disputes that end up in court. Norway has already had its first climate case against the authorities, and on an international scale, one can note that claimants also turn against private players such as financial institutions and businesses. Our experts deal with these matters daily, they know the field in and out, including the latest developments, and they assist both the business world and the public sector. This hands-on proficiency is crucial in order to deal with any dispute in the best possible manner, and in order to lay an effective and well-suited strategy for the best solutions. We have litigated a number of cases before the courts in the fields of human rights, also for the Supreme Court, and we have assisted in a series of climate and environment-related disputes.

Key Contacts: Georg Abusdal Engebretsen and Jan Fougner

The stakes are often very high when it comes to disputes within the compliance field, both commercially and reputation-wise. These disputes may involve anti-corruption, anti-money laundering, sanctions / export control, environmental law, human rights, corporate penalty, etc. The resolution of such disputes demand vast legal and strategic insights, and it takes relevant and up-to-date experience in an area of law that is developing rapidly. Our experts daily provides assistance in this field, and they have thorough knowledge about applicable regulations nationally and internationally. They know the best corporate practices, as well as the requirements set by the supervisory bodies and the authorities for the prevention and handling of breaches of these regulations. These are key insights in order to be able to handle any disputes in the best possible manner, and in order to lay a good and fitting strategy for the best dispute resolution. We have assisted both the authorities and private players in a vast array of disputes, both before the courts and outside, and we know the ropes as to finding the appropriate solutions and achieving the best possible results.

Key Contacts: Ronny Lund and Hans Augun Parmann

The field of commercial property affects many different areas of law, stretching from company law, tenancy rights, and ground lease rights, to plan and building law, and it involves both public authorities and private players. Hence, real estate disputes may be extremely heterogeneous, and they require broad as well as specialised legal expertise. Wiersholm’s team possess thorough knowledge of the industry, combined with commercial understanding for commercial property, and they have specialised expertise in all relevant fields. Wiersholm has extensive litigation experience before the courts in cases that involve real estate, notably interpretation of tenancy agreements and ground lease agreements, expropriation appraisement, plan and building law issues etc.

Key Contacts: Ronny Lund and Hans Augun Parmann

Construction projects are often complex insofar as they frequently concern technically complicated solutions and great values, and because they involve a series of actors that are bound to cooperate over a long period (construction client, contractor and subcontractors, suppliers etc.). Even in the case of detailed construction contracts, conflicts may arise regarding how to interpret the contract, any change works, final settlements, defects, etc. The Norwegian construction and building industry is generally characterised by a high level of conflict, and for the majority of construction contracts, it will at some point become necessary to introduce some sort of conflict negotiations.

Wiersholm’s team has wide experience in construction dispute prevention, for instance through assistance in drafting contracts, and through counselling on various questions as the project proceeds, both to contractors and construction clients. However, if the conflict is a fact, Wiersholm has extensive experience from various dispute resolution mechanisms, such as expert and arbiter processes, judicial and extrajudicial mediation, arbitration and court proceedings at all levels. Wiersholm’s priority is always efficient conflict resolution, if possible out-of-court, but we have considerable litigation experience should arbitration and legal proceedings become necessary.

Key Contacts: Stephan L. Jervell and Helge Morten Svarva

Disputes in the hydropower sector take multiple shapes. For instance, they can deal with how the authorities establish licence terms (licence fees and concessionary power etc.), or they can deal with dissensions between landowners and hydropower providers regarding the value of waterfall rights, contract law dissensions about waterfall ownership, compensations for increased water flow caused by the regulation of water flow by a waterfall owner, etc. Wiersholm holds wide-ranging experience in disputes in the hydropower sector and has assisted the public authorities, hydropower providers and in certain cases landowners in such disputes.

When the State or a municipality acquires, by expropriation or under threat of expropriation, land suitable for development or featuring plans thereof, the compensation is as a rule determined based on the market value, whether by amicable agreement or at discretion. If the owner is a land developer, the compensation based on the market value will not give full compensation in accordance with section 105 of the Constitution. Full compensation must in these cases include the development gain (the utility value of the land), which can reach as high as the market value of said land. If the parties have entered into an amicable agreement about advance possession, a dispute may arise regarding the relationship between section 10 regarding the date of the valuation (the accession), and the principle in sections 5 and regarding the fact that changes in value due to the expropriation project are to be disregarded. Apart from the expropriation project, evolutions in the planning work for the land will in many cases have occurred, increasing both the market and utility value. Wiersholm has represented several land developers in negotiations for amicable agreements and legal discretion in the determination of the compensation.

Key Contacts: Georg Abusdal Engebretsen and Jan Fougner

Aquaculture is an industry governed by strict regulations described in a series of national and international requirements and constraints. This diversity of regulations can be conducive to disputes both between different private players and with the authorities. We have long-standing experience assisting clients in their disputes related to various types of circumstances: with the environmental authorities, local authorities, neighbours, suppliers etc., both on a national and worldwide scale. Further, the aquaculture industry is central in ongoing legal, political and technological developments, including questions about taxation, new environmental requirements and other issues. All of this requires vast, high quality and up-to-date knowledge about the trade. Our experts possess it, and are thus perfectly suited to prepare the best possible strategy and solution to any dispute.

Key Contacts: Anne Marie Sejersted and Rune Opdahl

Disputes within IPR often involve high commercial stakes, or they might be of a principled nature. Typically, they concern a company’s ability to preserve all production, supply of services, trade or marketing, or parts thereof, and/or whether such activities must cease altogether or in part. Also, IPR cases are frequently related to several different parts of intellectual property law. This means, for instance, that one case can pertain to both trademark law and marketing law. Having a broad specialisation within the relevant area of law is essential in order to handle these cases in the wisest way possible, and to lay a sound and powerful strategy. Moreover, these cases sometimes raise technically complex questions, especially the ones regarding patent law, which in turn requires an interest for and ability to get a grip on new and specialised fields, and to maintain a close collaboration with clients and experts. When it comes to the field of media and culture, relevant issues will arise related to freedom of speech, the role of the media, or the relationship with individuals or enterprises. These considerations require a profound understanding of the sector as well as of a whole series of important and fundamental principles. Wiersholm’s team has extensive experience with various sorts of IPR disputes, and we can show excellent results from the disputes we have handled.

Key Contacts: Magnus Hellesylt and Odin Breidvik

IT is crucial for the proper functioning of public and private enterprises. The introduction of new IT solutions through outsourcing or development contracts is often closely connected to changes in the customer’s organisation and business processes. A lot can go wrong underway. The vendor can fail in fulfilling his obligations, but circumstances on the customer’s side may also contribute to the project breaking down. Among these are internal opposition to change in working methods and pressure to expand the functionality of the contracted solution (“scope creep”). The handling of such disputes requires both deep understanding of the contract and technical insight. But equally important is the ability to understand motives and forces that affect the project. In a court case, the lawyer must tell a compelling and credible story of a relationship breaking down, and that story must be advantageous to the client. This is as much about people as about technology.

We primarily wish to assist our clients in avoiding the courts, and together with the other party find a basis for continued co-operation. If unsuccessful in this effort, our job is to win in the court system. A case in point: In the Grindgut matter for IBM Wiersholm’s team succeeded in refuting the customer’s cancellation claim, while our client was awarded more than NOK 370 mio. in payment for services, damages, litigation costs and default interest.

Key Contacts: Stephan L. Jervell and Elisabeth Lian Haugsdal

Historically speaking, the field of competition law has involved a fair amount of lawsuits regarding the validity of infringement fees in cases where market players have been heavily fined by the Norwegian Competition Authority. Players that are thus fined may as a first step file a complaint against the assessment to the Competition Complaints Board, and possibly bring action against the Board’s decision. The core of these lawsuits is whether the parties have entered into illegal collaboration in contradiction with section 10 of the Competition law, or whether they have taken advantage of any dominating position in the market, in contradiction with section 11 of the competition Act. Wiersholm has conducted many such cases before the courts, including two out of four cases before the Supreme Court. Furthermore, two new forms of lawsuits have emerged lately: First, the parties of a merger or an acquisition may contest a decision from the Competition authorities if the latter put a hold to the merger/acquisition. This was what happened in the so-called Schibsted/Finn/Nettbil case where Gulating Court of Appeal set aside the competition authorities’ decision that the acquisition of Nettbil had to be reversed. This case is to be heard by the Supreme Court in January 2023, and Wiersholm is representing Schibsted. Also, these last couple of years one has seen compensation claims emerge that are directed at players that are alleged to have breached the competition rules. The so-called truck cartel case, where Posten and Diplom-Is are claiming compensation from truck companies, is an example of this, as well as the Sektor/Verisure case where alarm customers claim compensation from the alarm companies because of an alleged illegal price collaboration. In the last case – which is a class action –the Supreme Court is now to determine whether the case may be handled as a class action. Wiersholm is counsel for players that are allegedly liable for damages both in the truck case and the alarm case.

Key Contacts: Olav Fr. Perland and Thomas G. Naalsund

M&A disputes often imply complex agreements and considerable values. To ensure that these processes are carried out successfully, it is important to have an in-depth understanding of the dynamics of a transaction process, of the commercial considerations underlying the transaction and – especially – of the principles governing the valuations of an enterprise. The development of W&I insurances of the seller’s responsibility often adds yet another dimension to these cases, both from a legal and practical point of view. Wiersholm has represented buyers as well as sellers and insurers in a number of such disputes, and we know how to achieve results.

Key Contacts: Morten Goller, Thomas G. Naalsund and Stephan L. Jervell

The public sector purchases goods and services for more than NOK 600 billion annually. The huge values at stake – and the vast and dynamic procurement regulations that apply, that can only be navigated with sagacity and skill – give rise to a certain number of disputes between the public sector and suppliers.

Dispute resolution is a central and integral part of Wiersholm’s practice in the field of public procurement. The disputes are often about whether a contract has been awarded to the right supplier, but they may also relate to whether the way in which a competition is set up is in line with the regulations. Another area may be the legality of changes applied to existing contracts. We assist both national and international clients in their out-of-court complaint processes, in cases before the Norwegian Complaints Board for Public Procurement, in lawsuits aimed at stopping the conclusion of contracts (preliminary injunction), and in lawsuits involving claims for compensation or other procurement law sanctions for breaches of the regulations. These cases are most aptly handled when combining legal expertise, industry expertise, litigation experience and a strategic approach every step of the way – and this is how the Wiersholm team works towards top-notch results. Wiersholm conducts a number of procurement cases before the courts every year, and is often involved in cases of a principled nature that reach the higher courts.

Key Contacts: Thomas G. Naalsund and Stephan L. Jervell

Disputes in the oil and gas sector are characterised by large values and complex factual and legal issues. The types of contract and the regulatory framework are unique to the oil and gas sector, and the handling of disputes therefore requires in-depth knowledge and experience from the industry.

Typical disputes in the oil and gas sector may concern connection agreements between a host field and a user field, unitisation agreements between fields, and other collaboration agreements between licensee groups, as well as cost allocation between an operator and the participants in accordance with a standard accounting agreement. The validity of public authority decision is also an issue at times.

Other typical disputes in the oil and gas sector are related to the sale of petroleum, e.g. price adjustments in long-term gas sales contracts. In addition, there are disputes related to various manufacturing and service agreements.

Wiersholm has represented oil and gas companies and authorities in a number of disputes related to contract law and regulatory matters within the oil and gas sector. We always ensure that the dispute team has the necessary expertise in litigation and dispute resolution as well as in oil and gas.

Key Contacts: Karl Even Rygh

The Shipping industry, which is markedly international in its orientation, often entrust specialised parties with the task of undertaking commercial and technical operations. Norwegian shipping companies, underwriters and classification societies stand out as world leading. The ships are the key assets of the business. They denote great value, but they are also technologically advanced, and they consequently represent high risk. Because of the increased emphasis on the environment and sustainability, the business is faced with a major process of restructuration, which over the last years has been leading to considerable developments in terms of technical and regulatory changes.

In order to deal with the disputes that arise in this context, our legal team combine their top competence with deep insights into the commercial aspects as well as the technicalities of the industry. Knowing how to complete the full picture in a short time is decisive in order to attain the client’s goals efficiently. Our attorneys have handled many of the largest and most demanding cases in the business, and they have played a leading-edge role in the development of the Nordic Offshore & Maritime Arbitration Association.

Key Contacts: Andreas Bullen, Bettina Banoun og Nicolay Vold

Tax disputes have always represented a substantial part of Wiersholm’s tax practice. We assist our clients in administrative tax disputes, as well as in tax cases before the courts. Our tax lawyers litigate a considerable amount of cases every year before the courts, whether it be the district courts, the courts of appeal or the Supreme Court. Three of our tax partners are authorised to appear before the Supreme Court, and two of our tax partners have litgated tax cases before the EFTA Court.

The strategic aspects of a case are always top of mind for us. This includes whether the case should in fact be pursued at all, which claims should be submitted and which should not, the importance of providing information and documentation in order to substantiate tax-related claims, etc. Our tax attorneys are also excellent tax lawyers. Two of our tax partners (Andreas Bullen and Bettina Banoun) hold a doctor’s degree in tax law.