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CHAPTER 32 Norway

Limitation of Liability for Maritime Claims

32 Norway Haakon Stang Lund and Gaute Kr. Gjelsten Wikborg, Rein & Co., Kronprinsesse Märthas pl. 1, P. B. 1523 Vika, N-0117 Oslo, Norway (www.wr.no) Introduction Norway, like many other nations, has different regimes on limitation of maritime claims. The global limitation of liability is based on the 1976 Convention on Limitation of Liability for Maritime Claims (“LLMC 1976”). The 1996 Protocol to Amend the Convention on Limitation of Liability for Maritime Claims of 1976 (the “1996 Protocol”) was implemented into Norwegian law with effect from 20 February 2001. Subsequently, in May 2005 the Norwegian council of state approved a resolution proposing that the Parliament withdraw from the LLMC 1976. Until the withdrawal from the LLMC 1976 is formally effective, Norway will apply a dual system under which the LLMC 1976 will apply to legal entities domiciled in a foreign country signatory to the LLMC 1976 but not the 1996 Protocol. For all other entities the 1996 Protocol will apply. Since it is uncertain when Norway will denounce the LLMC 1976, we shall below describe both sets of limitation rules.

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