The Securitisation Law Review provides legal practitioners, borrowers, lenders and other market participants with key insights into the structural frameworks and regulatory issues surrounding the securitisation industry in major jurisdictions worldwide. With a focus on recent developments, it examines the most consequential features of the regimes governing securitisation structures and transactions.

Click the link to read/download the chapter.

Click the link to read/download the chapter.

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BAHR har publisert en oppdatert versjon av fagheftet «Bærekraftskrav til bygg- og eiendomsbransjen – Taksonomien og utviklingen i det norske regelverket». I heftet ser vi nærmere på hva kravene i EU-Taksonomien og de tilhørende reglene om rapportering av bærekraftsforhold vil innebære for aktører innenfor bygg- og eiendomssektoren i Norge. Vi ser også på hvordan et økende ESG-fokus påvirker transaksjoner, herunder behovet for, og omfanget av, ESG due diligence, og i tillegg ser vi på forventede og vedtatte endringer i sektorlovgivningen, herunder endringer i byggteknisk forskrift og åpenhetsloven. For å gi et helhetlig bilde av hvordan et økende ESG-fokus påvirker bygg- og eiendomssektoren i alle faser, redegjør vi også for miljøhensyn i reguleringsfasen, herunder blant annet hvilke muligheter kommunen har til å stille miljøkrav til utbyggerne samt ESG-endringer i leiestandardene.

In this issue we consider three topics of importance:

How and why AI represents a competitive advantage in dispute resolution.
Much has been said about the use of artificial intelligence (AI) in the legal sector, whether it is AI writing contracts, setting bail or carrying out due diligence or discovery processes. Most of these discussions focus on the future; how AI someday may or may not revolutionise the business. The article focus on what benefits the BAHR Dispute Resolution group get from using advanced software and AI in its work today and why clients should care about the digital capabilities and experience of the law firm they trust with their disputes.

Recognition of foreign restructuring plans in Norway.
When planning and executing cross-border reconstruction processes, a key question is whether the process and the prospective outcome of the process (the reconstruction plan) will have legal effect in all relevant jurisdictions. A recent example is SAS’ reconstruction process under Chapter 11 of the US Bankruptcy Code. To have the desired effect, SAS is inter alia reliant upon the reconstruction process and the prospective court-sanctioned plan to be respected by all creditors regardless of jurisdiction and governing law.

BAHR is commonly assisting clients with planning reconstruction processes and ensuring recognition. In the article we discuss the legal basis for recognition of foreign restructuring proceedings and court-sanctioned reconstruction plans in Norway.

Norwegian arbitration trends to keep in mind when choosing a dispute resolution mechanism.
A key clause in any commercial contract is the dispute resolution clause. Professional parties face a choice: litigation before the ordinary courts or arbitration? We identify the main trends in Norwegian arbitration and how they may inform parties’ choice of dispute resolution mechanism.

We hope this Dispute Resolution Insight provides an interesting read.

The International Comparative Legal Guide – Fintech 2022 has now been published. BAHR partner Markus Nilssen, Senior Associate Eirik Basmo Ellingsen and Sam Kronenberg have written the Norway chapter of the 2022 edition of Fintech. The chapter covers a broad overview of common issues in fintech laws and regulations.

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This article was first published in ICLG – Fintech.

In 2021 we saw record high activity in the public M&A market with NOK 140 billion in combined value, as well as public takeovers that gained significant media and public attention. BAHR continues to advise on a large number of public M&A transactions, giving us deep insight into market terms and prevailing trends on public takeovers.

In this year’s edition of our annual Norwegian Public Takeover Deal Study we have examined the latest developments on key terms of voluntary and mandatory offers on the Oslo Stock Exchange. New for this edition is the inclusion of comparable figures from previous years and compiled numbers for transactions in the period between 2015 and 2021.

Norway is a small player in the global crude market with production covering about two per cent of the global demand. However, Norway is the third largest exporter of natural gas in the world, supplying about 25 per cent of the EU gas demand. Nearly all oil and gas produced on the NCS is exported, constituting more than half of the total value of Norwegian export of goods.

As in other areas of society, there is an increased focus on climate change and reduction in greenhouse gas emissions in the oil and gas industry, with several changes and initiatives in process. Russia’s invasion of Ukraine in February 2022 has had major impact on the energy markets. EU relies on Russia for around 40% of its natural gas and 27% of its oil consumption. The invasion has triggered an EU initiative to make Europe independent from Russian fossil fuels before 2030, starting with gas. To secure its supply of energy, several European countries and the EU have urged Norway to maintain and increase the supply of oil and gas. Although the transition to renewable energy continues with increasing force and determination, Norway is likely to play an important part in securing energy supply to Europe in years to come.

Other developments include a proposal to change the Petroleum Tax system to a cash flow based tax. The proposed changes entails an overall tax increase for the petroleum companies (in nominal amounts), and include important elements to be aware in future transactions.

The oil and gas industry is a core contributor to the Norwegian economy and a core practice area for BAHR. We invite you to read our updated overview of recent developments and the regulatory framework for petroleum activities on the NCS.

In this Dispute Resolution Insight we consider three topics of importance:

Post-M&A disputes form an important part of BAHR’s dispute resolution practice. The body of law on post-M&A disputes is limited due to such disputes rarely being heard outside of confidential arbitrations.

Recently however, two cases concerning the interpretation of share purchase agreements were heard by the Court of Appeal (Borgarting division). BAHR acted as counsel in both cases and in this Insight, Deputy Head of Dispute Resolution, Daniel Sipos, gives an overview of the key take-aways.

Recovering litigation costs is an issue in which we experience an increased focus from clients.

Based on a recent article written by Eirik Wigenstad in the Journal for Commercial Law, Eirik gives a condensed overview of litigation costs and losses that may be recovered by a party to a dispute.

Securing evidence is not a step that is often needed, but when it is, it is crucial. Andreas Busch gives a practical view of the main considerations and steps in securing evidence.

We hope this Dispute Resolution Insight provides an interesting read.