NORWAY Trends and Developments Contributed by: Lilly Kathrin Relling, Kristian Lindhartsen, Miriam Myhre and Tobias Kilde, Kvale Advokatfirma DA
Kvale Advokatfirma DA Haakon VII gate 10 PO Box 1752 Vika N-0122 Oslo Norway
Tel: +47 22 47 97 00 Fax: +47 21 05 85 85 Email: post@kvale.no Web: www.kvale.no
Introduction Norway’s maritime and offshore sector is seeing a series of important legal developments that directly affect how commercial parties allocate and manage risk. This article highlights three key trends: • a recent arbitral award ( Heroic Idun ) clarifying the limits of war risk insurance under the Nordic Marine Insurance Plan; • a Supreme Court decision on which country’s law applies in international tort disputes; and • the launch of a new Norwegian standard form ship - building contract, SHIP25. Together, these developments are shaping the risk landscape for ship-owners, charterers, insurers, yards and financiers doing business related to the Norwe - gian jurisdiction. The first part examines the Nordic Offshore & Mari - time Arbitration Association (NOMA) award in the case of Heroic Idun , which draws a clearer line between war‑type perils and ordinary law enforcement or regu - latory measures, and addresses whether “perceived” piracy is enough to trigger war risk cover. The sec - ond part considers the Supreme Court judgment HR‑2024‑2330‑A, which confirms that Norwegian courts will generally apply the law of the place where damage occurs in cross‑border tort cases and aligns Norwegian practice with the EU’s Rome II Regulation. These two decisions are relevant for parties structur - ing their operations, insurance programmes and litiga - tion strategies in an international environment. The third part of this article turns to SHIP25, the new Norwegian shipbuilding standard replacing SHIP
2000. It seeks to update the contractual framework for new-build projects in a volatile cost environment. SHIP25 introduces, among other things, revised solu - tions on: • design responsibility; • buyer‑nominated equipment; • price adjustment mechanisms; • refund guarantees; • compliance obligations and progressive transfer of ownership. The article explains these changes in practical terms and discusses how parties can use SHIP25 to achieve a more balanced and predictable allocation of risk in modern shipbuilding projects. War Risk Insurance Under the Nordic Plan – Heroic Idun Why the case matters The Heroic Idun arbitral award by NOMA is an impor - tant clarification of war risk insurance under the Nordic Marine Insurance Plan (the “Nordic Plan”). The ruling was rendered on 5 August 2025 and gives important clarification on the scope of war risk cover under the Nordic Plan. It confirms that law enforcement actions by foreign authorities and “perceived” war perils are generally not considered a war risk. Background to the dispute In August 2022, the large crude carrier Heroic Idun arrived at a Nigerian offshore terminal to load. Dur - ing the night, the Nigerian Navy vessel Gongola approached and requested information about clear - ances. The Heroic Idun did not have the requested documentation.
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