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Can an Employee Demand to Have the Summer Holiday Postponed Pending Vaccine and Corona Certificate?
Simonsen Vogt Wiig AS, June 2021

Introduction The Covid-19 vaccine is currently being rolled out, and according to the authorities’ vaccination-plan, a large part of the population will receive their first dose during the summer months. As a rule, one must take the vaccine in one’s own home municipality, and not in the municipality where one has a summer house etc. In addition, the authorities are working on a corona certificate...

The BIMCO Ship Sale Agreement – A New Form of Standard?
Simonsen Vogt Wiig AS, January 2021

Background BIMCO has circulated a Consultation Draft of a new Ship Sale Agreement (the «SSA»). For some time now, there has been a predominant standard form of vessel sale. With its origins back to 1925, developed by the Norwegian Shipbrokers’ Association and available through Bimco, it is still referred to as the Norwegian Saleform (or NSF) despite its recent rebranding as «Saleform 2012»...

Year in Review: Dispute Resolution
Simonsen Vogt Wiig AS, January 2021

To avoid a complete halt in critical functions in society, the government proposed a new law, the Corona Law, which provided the government with the authority to give regulations that were contradictory to statutory law. The most prominent feature on the field of litigation was the court’s new ability to decide that an oral hearing should be held by the use of videoconference. Furthermore, the Supreme Court also showed their ability to adapt quickly to the new situation...

The Norwegian Parliament Adopts New Corona Act
Simonsen Vogt Wiig AS, March 2020

  On Wednesday 18 March 2020, the Norwegian Government put forward a bill which will give the Government vast authorization to fight Covid-19 and its consequences for the society. Today, 21 March 2020, a more narrow Corona act was adopted by the Norwegian Parliament. Read more about the initial proposal.  After the initial critical voices, the Parliament chose to initiate a speedily hearing, where it invited i.a...

Corona: The Importance of Contingency Planning and Risk Management
Simonsen Vogt Wiig AS, March 2020

Many businesses are struggling due to the Covid-19 outbreak and associated restrictions. They face immediate consequences in terms of reduced labor force, counterparties unable to deliver and own failure to deliver. In this phase, it is crucial for the business to be proactive and set out a plan to maintain operational operations and mitigate the risk. In a chaotic situation with unforeseen and complex consequences, one may easily react with panic...

The Transport Sector is Exempted from Norwegian Equivalent to Article 101 TFEU - "Crisis Cartels" in the Wake of the COVID-19 Pandemic
Simonsen Vogt Wiig AS, March 2020

The Norwegian Ministry of Trade, Industry and Fisheries has adopted a new regulation exempting the transport sector from the prohibition in Section 10 of the Norwegian Competition Act; cf. FOR-2020-03-18-340. Section 10 is the national equivalent to Article 101 TFEU and 53 EEA. The new rules are set to apply for three months but may be prolonged or shortened, depending on how the ongoing covid-19 pandemic evolves...

Enforcement of Security Interests and Repossession of Aircraft in Scandinavia – A Brief Practical Note
Simonsen Vogt Wiig AS, March 2020

The aviation industry came to a standstill this month due to the outbreak of the Covid-19 virus, and this has hit the airlines worldwide. With the majority of the fleet on the tarmac, we could potentially see a number of airlines defaulting on their lease agreements and loan facilities. The question of how to enforce security or repossess an aircraft could sadly turn out to be something the lessors and the lenders would have to look into more closely in the time to come...

Far Reaching Legislative Measures to Fight Consequences of COVID-19 Outbreak
Simonsen Vogt Wiig AS, March 2020

Yesterday, Wednesday 18 March 2020, the Norwegian Government put forward a bill which will give the Government vast authorization to fight Covid-19 and its consequences for the society.   It is called the corona act. The aim is to facilitate "sound and effective measures necessary to limit the disruption of normal social functions" of the Covid-19 outbreak (article 1)...

State Aid Rules Open Up for Rescue Packages
Simonsen Vogt Wiig AS, March 2020

Many companies are now in crisis due to the Covid-19 outbreak. The European Commission and EFTA Surveillance Authority, therefore, ease state aid rules. In practice, large parts of the state aid rules and guidelines are now virtually "suspended...

The Norwegian Government Proposes New Loan and Guarantee Schemes
Simonsen Vogt Wiig AS, March 2020

  On 15 March 2020, the Norwegian government presented their proposal for new loan and guarantee schemes in the total amount of NOK 100 billion, to strengthen Norwegian companies' liquidity during the Covid-19 outbreak. The proposal includes: A NOK 50 billion funding which will be applied to issue guarantees in favour of banks as security for new loans granted to small and medium sized companies...

Public Procurement Law and the COVID-19 Crisis
Simonsen Vogt Wiig AS, March 2020

  The authorities have been quick to publish public procurement law guidance for the Covid-19 crisis. In this article we argue that Norwegian authorities could have provided even more clear guidance on what is to be considered at the crossroad between public procurement law and the protection of life and health. The exceptional Covid-19 crisis has given contracting authorities new and unforeseen challenges...

Corona: Beware of Increased Cyber Risk
Simonsen Vogt Wiig AS, March 2020

Many organizations are these days in a phase of reorganizing their operations and establishing alternative solutions to ensure continued business work capacity. Meanwhile numerous hackers and other cyber criminals around the world are mobilizing themselves to take advantage of the extraordinary situation. All business should therefore be aware of a significant increase of cyber risk in relation to the current corona crisis...

M&A: Solutions to Mitigate Uncertainty Caused by Coronavirus
Simonsen Vogt Wiig AS, March 2020

  With public markets collapsing and economists predicting a Eurozone recession, the European M&A market must also be expected to be heavily impacted by the coronavirus. “There will be transactions pulled if there hasn’t been already,” said a partner at one London-based private equity firm. “There is too much uncertainty and sellers will need to adjust to the new environment. It will take some time for the new reality to be reflected in pricing...

Shipping: The COVID-19 and Its Impact on Shipping #2
Simonsen Vogt Wiig AS, March 2020

  On 17 February 2020, we wrote our first notes on the effect of the virus on shipping. Since then, both the outbreak as well as the measures against it are spreading wider. Link to our first article about the Covid-19 and its impact on Shipping.  We have received numerous queries from our clients and have assisted in establishing management plans for situations ranging from chartering, to shipbuilding and sale and purchase through to notices to master and crew on board...

The Coronavirus and its Impact on Shipping
Simonsen Vogt Wiig AS, February 2020

SVW has, across its offices, been giving guidance to clients both under English and Norwegian law as to the Coronavirus impact on shipping contracts, including on force majeure and similar exceptions clauses, and contract frustration. Read our recent publication, touching upon these issues. The Covid19 Virus Only two months have passed since the novel coronavirus was detected in Wuhan, China...

 

 

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