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NORWAY Law and Practice Contributed by: Kristian Lindhartsen, Lilly Kathrin Relling and Tobias Kilde, Kvale Advokatfirma DA

7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading The starting point under Norwegian law is that the parties are free to enter into agreements concerning dispute resolution. In accordance with the Section 4-6 of the NDA, the jurisdiction clauses in bills of lading will therefore be recognised and enforced. However, Section 310 of the Norwegian Maritime Code provides some limitations in this regard, estab - lishing certain rights for the claimant. In accordance with Section 310, the claimant has cer - tain rights when bringing a claim that is related to the carriage of cargo, in terms of where to pursue the claim. The provision states that a jurisdiction agreement that limits the claimant’s rights may be invalid if it concerns restrictions on bringing an action at the place where: • the claimant’s principal place of business is situ - ated, or the claimant’s place of residence (if there is no principal place of business); • the contract of carriage was concluded, provided the defendant has a place of business or an agent through whom the contract was concluded; • the receipt for carriage in accordance with the con - tract of carriage was issued; or • delivery was agreed or actually occurred in accord - ance with the contract of carriage. If the agreement in a bill of lading concerns any of the foregoing scenarios, the court may find that the agree - ment is not valid, in accordance with Section 310. 7.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading In accordance with Section 310 of the Norwegian Maritime Code, if a bill of lading is issued pursuant to a charterparty that contains a law and arbitration clause, but the bill of lading itself does not expressly state that the provision is binding on the holder of the bill of lading, said clause cannot be invoked against

far in providing the court with flexibility to steer the process to a result that is seen as being acceptable by all involved. As the Norwegian court system does not have specialised courts, bankruptcy proceedings would be submitted to the civil courts. See 5.10 Pro- cedure for the Judicial Sale of Arrested Ships regard - ing the judicial sale of a vessel. 5.12 Damages in the Event of Wrongful Arrest of a Vessel A claimant may be held strictly liable for all of the defendant’s economic loss if the claim did not exist at the time of arrest (Section 32-11 of the NDA). Fur - thermore, a claimant who gives wrongful or mislead - ing information concerning the grounds for the arrest, by negligence or intent, will be liable for the losses incurred. 6. Passenger Claims 6.1 Laws and Conventions Applicable to the Resolution of Passenger Claims Maritime passenger claims are regulated by Chapter 15 of the Norwegian Maritime Code, in Sections 405– 432. These provisions are based on the 1974 Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea (PAL), the EEA Agreement Appendix XIII No 56x (Regulation EC No 392/2009), the 2002 Athens Protocol and the EEA Agreement Appendix XIII No 56y. The limitations of liability for personal injury, death or luggage claims are included in Chapter 15 of the Nor - wegian Maritime Code, and are based on the 1974 Athens Convention. The time limit is two years from the end of the voyage, or the time that the voyage ought to have ended. Limitation in passenger claims is regulated in Chapter 9 of the Norwegian Maritime Code. The limit is 250,000 SDRs, multiplied by the number of passengers that the vessel is registered as being allowed to carry. Claims for indemnities for personal injury of a passenger are recognised as a maritime lien in accordance with the Norwegian Mari - time Code Section 51.

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