Freezing assets in Norway – arrest as security for monetary claims

What is an arrest under Norwegian law?
An arrest is a form of interim security for a monetary claim.

Its purpose is to preserve the creditor's ability to enforce the claim at a later stage. It does not determine the underlying dispute and is not the same as an execution lien or final enforcement.

For claims seeking something other than payment of money, a different form of interim relief – midlertidig forføyning, broadly comparable to an interim injunction – may be available.

When can a creditor obtain an arrest?
Two principal requirements must normally be satisfied:

• the creditor must establish, on a balance of probabilities, that it has a monetary claim against the debtor; and
• there must be a statutory basis for interim security.

A basis for arrest exists where the debtor's conduct gives reason to fear that enforcement of the claim would otherwise be lost or substantially impeded, or would have to take place outside Norway.

It is therefore not sufficient simply to show that the creditor has a strong claim or that the debtor has failed to pay. There must normally also be circumstances relating to the debtor's conduct that create a real concern about future enforcement.

Examples may include attempts to transfer or conceal assets, dispose of significant assets in circumstances suggesting that the proceeds will be moved beyond the creditor's reach, or move assets or operations out of Norway.

The assessment is always fact-specific.

What assets can be frozen?
An arrest may generally be taken in assets that can be subject to an execution lien.

Depending on the circumstances, this may include:

• real estate
• bank deposits
• shares
• vehicles
• receivables and other financial assets.

The appropriate asset will depend on what the debtor owns, the amount of the claim and what will provide sufficient security.

For a bank account, the arrest effectively restricts the debtor's ability to dispose of the relevant claim against the bank. For real estate and other registered assets, the arrest can be registered to protect the creditor against subsequent dispositions by the debtor.

How is an arrest obtained?
An application for arrest is submitted to the Norwegian district court.

The application must identify the monetary claim, state a maximum amount for which security is sought and explain both the basis of the claim and the circumstances relied on as grounds for arrest.

The application will normally be made to the district court where the debtor has its ordinary venue. In certain circumstances, it can instead be made where the relevant asset is located.

The court may call the parties to an oral hearing before deciding the application.

Where delay creates a risk, however, the court may grant an arrest without first hearing the debtor. This can be important where advance notice could itself result in the relevant assets being moved or dissipated.

If an arrest is granted without an oral hearing, the debtor and others affected by the order may request a subsequent oral hearing.

The court may require the creditor to provide security for potential liability to the debtor. In particularly urgent cases, the court can order an arrest even though the underlying claim has not yet been established on the balance of probabilities, but security must then be provided.

Can assets in Norway be frozen for a foreign dispute?
Potentially, yes.

The fact that the underlying contract is governed by foreign law or that the main proceedings are to be conducted outside Norway does not necessarily prevent a Norwegian court from granting interim security over assets in Norway.

For disputes falling within the Lugano Convention, Norwegian courts may grant provisional or protective measures available under Norwegian law even where the courts of another Convention state have jurisdiction over the merits.

The precise jurisdictional position should nevertheless be considered in each case, including whether a judgment from the foreign proceedings will be recognised in Norway.

This makes Norwegian arrest proceedings particularly relevant where an international creditor is pursuing proceedings abroad but identifies assets belonging to the debtor in Norway.

What is the effect of an arrest?
An arrest restricts the debtor's ability to dispose of the arrested asset to the detriment of the creditor.

It does not, however, by itself entitle the creditor to sell the asset or receive payment from it. The creditor must still obtain an enforceable basis for the monetary claim and proceed with enforcement under the ordinary rules.

An arrest is therefore primarily a preservation measure: it seeks to ensure that relevant assets remain available while the underlying claim is being resolved.

The debtor may prevent implementation of the arrest, or subsequently seek to have it lifted, by providing sufficient security for the claim.

What happens after an arrest has been granted?
An arrest is temporary and must be followed up.

At the debtor's request, the court can set a deadline for the creditor to commence proceedings on the underlying claim or, where the creditor already has an enforceable basis, to commence enforcement.

If no such deadline has been set, the arrest will generally lapse if proceedings or enforcement have not been commenced within one year of the arrest order.

Once the creditor obtains an enforceable judgment or other basis for enforcement, an execution lien and ultimately enforcement against the assets may be pursued under the ordinary rules.

The arrest may also be lifted if new evidence or changed circumstances show that the claim or the grounds for arrest no longer exist.

Liability for an unjustified arrest
An arrest can cause substantial disruption to the debtor. A creditor should therefore also consider the potential consequences if the application proves unjustified.

If the arrest is lifted or lapses and it turns out that the underlying claim did not exist when the arrest was ordered, the creditor may be liable for losses caused by the arrest. Liability may also arise where an unjustified order resulted from false or misleading information concerning the grounds for security.

This potential liability is one reason why applications for arrest should be prepared carefully and supported by appropriate evidence.

Special rules apply to arrest of ships and aircraft.

Originally published 1 February 2022. Last updated 16 August 2026.