Dispute Resolution for the Financial Sector
A particular strength of our practice is our first-hand understanding of the interaction between the applicable law, the financial products involved and the parties’ commercial interests. This enables us to identify the central issues, assess the parties’ positions and develop an appropriate strategy at an early stage.
That insight remains important throughout the dispute. Cases may develop as new evidence emerges, arguments change and additional legal or factual questions arise. A detailed understanding of the underlying product and regulatory framework allows us to recognise the significance of these developments and respond to them effectively.
The Norwegian Financial Agreements Act often provides an important legal framework for financial-sector disputes. Harald Sætermo’s authorship of a comprehensive commentary on the Act provides particular insight that can be critical to identifying and handling the issues that arise as a dispute develops.
We assist at all stages, including the handling of customer complaints, negotiations, proceedings before the Norwegian Financial Services Complaints Board and litigation before the courts. We closely follow relevant case law and complaints-board practice to identify developments affecting financial-sector disputes.
Where appropriate, we seek to resolve disputes through dialogue, negotiation or settlement. We do not hesitate to take a matter to court when the circumstances require it, but measure success by whether the chosen approach serves the client’s legal and commercial interests.
Our experience includes matters concerning:
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fraud and unauthorised transactions;
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misuse of payment instruments and electronic signatures;
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debt recovery and guarantor liability;
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claims under bank guarantees;
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liability arising from investment advice;
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liability relating to failures in IT systems;
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enforcement proceedings, attachments and asset-freezing measures;
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bankruptcy disqualification;
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avoidance and recovery claims.
