Norway - Attachment of Assets
Originally from Attachment of Assets
1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?
Norway has always had rules providing for attachments (in various forms as described below. The present rules are found in the Norwegian Dispute Resolution Act of 17 June 2005 no. 90 (the “DRA”), which entered into force on 1. January 2008, ch. 32 – 34. Some specific rules relating to aircraft and ships are also found in the Norwegian Maritime Act and the Norwegian Aviation Act. On forms of attachment and effects, cf. question 2.
2. What is the form of the attachment? Injunction? Other kind of judicial order?
The DRA provides for attachments in two separate forms:
(i) in the form of arrests (DRA ch. 33) which can only be used to secure money claims, and
(ii) in the form of (other) injunctions (judicial orders compelling or prohibiting actions) (DRA ch. 34), which can not be used to secure money claims.
Rules applying to both forms are found in DRA ch. 32.
An arrest will normally mean that the asset is taken out the possession of the debtor, but not always: for fixed property registering the arrest is the usual course; for ships registering the arrest and impounding the ship’s papers with a command to the harbor master not to let the ship leave port is the usual course.
An injunction can have almost any content: to stop a building project, to deliver family pictures to a third party, to compel cutting trees to a certain height, not release goods that are thought to be counterfeit, etc.