Thommessen has the largest and strongest team of lawyers within the seafood industry. We cover the value chains within fisheries and aquaculture, both nationally and globally. The combination of industry knowledge, professional expertise and broad practical experience with operational and regulatory issues is invaluable when it comes to disputes.
The same applies to our broad commercial expertise, built up through our leading position in IPOs, capital transactions, financing, M&A and company law. It requires deep insight and a high level of preparedness to provide cost-effective advice, find targeted solutions and enforce rights.
Equipment, vessels and facilities
We have in-depth knowledge of fisheries-related shipping and assist, among other things, with major innovation and construction projects. Disputes occasionally arise regarding design, functionality, performance, certificates and approvals – or time and money. We also assist with the sale and processing of products. Drawing on our broad industrial background and strong dispute resolution team, we provide solutions.
We assist aquaculture companies along the entire coast and abroad – throughout the entire value chain. This involves innovation and development projects, and we provide support throughout the entire production process – on land, in the sea and at sea, from eggs to the finished product. We work with input factors, suppliers and the processing and sales stages. Innovative and costly facilities and equipment that form the framework for biological production can give rise to challenging disputes that must be resolved quickly and with a positive outcome. Our professional expertise and experience in resolving complex disputes offer clear advantages.
Regulatory
Fisheries and aquaculture are governed by complex regulations involving a number of sectoral authorities and administrative levels.
The dispute resolution team, which specialises in regulatory disputes within the seafood industry, provides strategic advice and facilitates, assists with and conducts dialogue with the authorities. This proactive work can resolve matters before a conflict arises, safeguard assets and lay the groundwork for effective dispute resolution when required.
We assist when notices of orders, refusals or interventions in licences and permits are issued. An area that has required significant assistance in recent years is vulnerable species, rare habitats and other environmental disputes.
Tax: Appeals and disputes
Tax matters are a constant source of new disputes. We assist the entire seafood industry with strategic advice, appeal handling and dispute resolution.
In recent years, resource rent tax in the aquaculture sector has required significant assistance. Thommessen has more than 50 years’ experience in litigation concerning resource rent tax within the petroleum industry, and now also within renewable energy.
When the Norwegian Tax Administration announces an audit of transfer pricing within the aquaculture sector, Thommessen’s multidisciplinary team can assist. Here, we combine tax and duty expertise with regulatory experience, commercial insight into the seafood sector and litigation expertise. This provides a sound strategic approach, a well-documented basis, and strong arguments – thereby creating the best conditions for reaching the right solution.
Rights and assets
Fisheries and aquaculture generate significant value. Continuous innovation will raise questions regarding the protection and enforcement of IPR and other rights – across all value chains. The rules are complex and challenges can arise, for example when disputes cross national borders. With Thommessen’s extensive network and our membership of Lex Mundi, which has a global reach, we can assist with safeguarding, enforcement and recovery in disputes both at home and abroad.
In the wake of transactions, or during generational transitions, disputes may arise concerning ownership, corporate control, the validity of decisions, the distribution of assets, audits, etc. Here too, interdisciplinary expertise and in-depth knowledge of the seafood industry will be crucial for effective handling and a favourable outcome. Thommessen has been involved in most major – and many of the medium-sized and small – commercial disputes in the industry. Thommessen also handles valuation disputes and all forms of arbitration and adjudication proceedings.
Thommessen also assists with insurance and compensation settlements, including loss calculation. Extensive experience in the industry and access to expert knowledge are key to achieving a successful outcome.
Contracts at all levels. Arbitration at home and abroad
Like other industries, the seafood industry is also governed by contracts. When the sums involved are substantial and the contractual arrangements are complex, disputes may arise.
Contract disputes are sometimes resolved on the basis of cutting-edge legal expertise, but more often based on the best possible grasp of the facts and in favour of the party with the best industry knowledge. Thommessen’s project model for dispute resolution, excellent digital tools and strong multidisciplinary teams represent an investment in resolving the case – in or out of court.
A key aspect of dispute resolution is to take reputation and business operations into account. Thommessen assists in many arbitration cases that never become public knowledge. They are resolved quietly. Thommessen’s dispute resolution team has extensive experience in Norwegian and international arbitration, both through arbitration institutions and on an ad hoc basis. Many of the dispute lawyers also have experience as arbitrators, including appointments by the leading arbitration institutions in the Nordic region.
