Clifford Chance advises NHIndustries SAS on settlement with Norwegian Government regarding NH90 programme

Clifford Chance LLP has advised NHIndustries SAS on reaching an amicable settlement with the Norwegian Government, resolving all disputes related to the Norwegian NH90 programme.

The dispute began in 2022, when the Norwegian Ministry of Defence sought to terminate a high value contract for the acquisition of 14 NH90 helicopters, eventually seeking near €2.8 billion in damages.

The settlement concludes all legal proceedings between the parties, avoiding what would have been a rare public trial over a major defence contract. Under the agreement, NHIndustries SAS will take back all NH90 helicopters delivered to Norway, along with associated spare parts, tools, and mission-specific equipment. NHIndustries SAS will assume full control of these assets and reintegrate them within the NH90 programme, making in-demand parts and equipment available to other NH90 users.

As part of the settlement, NHIndustries SAS will pay the Norwegian Government €305 million, in addition to approximately €70 million previously paid under bank guarantees. This agreement brings all related disputes to a conclusive end and allows both parties to move forward.

The parties engaged in constructive cooperation throughout the process, working with external counsel and mediators at the Oslo District Court. The mediators conducted the process in a professional and trustworthy manner.

The Clifford Chance team was led by Partners Simon Greenberg and Karolina Rozycka, supported by Senior Associate Alix de Zitter in Paris, as well as Partners Moritz Keller in Frankfurt and Carlo Felice Giampaolino in Rome, together with a number of other associates.