NORWAY Law and Practice Contributed by: Kristian Lindhartsen, Lilly Kathrin Relling and Tobias Kilde, Kvale Advokatfirma DA
ter 15 of the Norwegian Maritime Code, and are based on the 1974 Athens Conventions. The time limit is two years from the end of the voy- age, or the time that the voyage ought to have ended. Limitation in passenger claims is regu - lated 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 is recognised as a maritime lien in accordance with the Norwegian Maritime Code Section 51. 6. Enforcement of Law and Jurisdiction and Arbitration Clauses 6.1 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 recog - nised and enforced. However, Section 310 of the Norwegian Maritime Code provides some limitations in this regard, establishing certain rights for the claimant. In accordance with Section 310, the claimant has certain 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 agree - ment 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 situated, or the claimant’s place of residence if there is no principal place of business; • the contract of carriage was concluded, pro - vided the defendant has a place of business or an agent through whom the contract was concluded; • the receipt for carriage in accordance with the contract of carriage was issued; or • delivery was agreed or actually occurred in accordance 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 agreement is not valid, in accordance with Section 310. 6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading In accordance with Section 310 of the Norwe - gian 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 the holder of a bill of lading – assuming the holder has acquired it in good faith. Therefore, the arbitration clause must be suffi - ciently specific when incorporated into the bill of lading in order for the court to recognise it; a general reference to the charterparty will not be sufficient. 6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Norway is a party to the 1958 New York Con - vention, which has been incorporated in the Norwegian Arbitration Act 2004 and the Norwe - gian Enforcement Act. Additionally, any bilateral
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