NORWAY Law and Practice Contributed by: Kristian Lindhartsen, Lilly Kathrin Relling and Tobias Kilde, Kvale Advokatfirma DA
try, and has resulted in increased costs, deliv - ery and supply complications, security risks and reduced availability of seafarers. Further, the Russian invasion has largely dis - rupted the maritime routes from Ukraine via the Black Sea, inevitably causing delays and can - cellations. Consequently, numerous freight and transport contracts have been rendered unful - fillable. Given these challenges, most affected businesses have opted for voluntary contract revisions or sought freight and transport agree - ments with alternative entities. At this time, there has not been any substantive case law in Nor - way on non-performance of shipping contracts due to the war in Ukraine. Over the last couple of years, there has been a significant growth of the “dark fleet”, which transports sanctioned oil, including from Rus - sia, and has been taking large volumes away from legitimate Norwegian markets. This fleet now accounts for a substantial portion of the oil transported by sea and significant exposure of the tanker fleet. In response to the geopolitical risks and the war in Ukraine, companies such as Frontline have refused to transport Russian oil, citing the high risk involved. Despite a weak tanker market and low contracting activity, sev - eral Norwegian shipping companies have seen their share prices rise. However, there has been little contracting of new builds due to insufficient market rates. 9. Additional Maritime or Shipping Issues 9.1 Other Jurisdiction-Specific Shipping and Maritime Issues The latest and most significant update to the Norwegian Maritime Code was the proposal and
acceptance of Norway’s Ministry of Trade, Indus - try and Fisheries of updates to maritime and ship safety laws to enable electronic registration of ships and maritime rights. The revisions aim to streamline the process, reduce priority conflicts between electronic and paper submissions and modernise notification methods for registration issues. The changes also allow certain financial institutions to handle mortgage document dele - tions electronically. Additionally, the ship safety law will be amended to allow fines for those in shipping management and captains who fail to comply with safety and security measures. The system for electronic registration came online on 1 January 2024. Previously, the practice required that original documents had to be sent by mail. The new change has shortened the processing time and the registration of rights is now more practical to carry out. During 2023, changes in the Maritime Code sec - tion 232 were also suggested to clarify that the entire limitation fund should be distributed to claimants, irrespective of interest on claims. This follows a Supreme Court decision which affect - ed the fund distribution after the MV Full City disaster. The aim is to ensure polluters pay and victims are fully compensated. The suggested changes are still being processed.
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