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Advokatfirmaet Hjort Strengthens Construction and Dispute Resolution Practices with the Appointment of Managing Associate Kenneth Helgesson

Advokatfirmaet Hjort is pleased to announce the appointment of Kenneth Helgesson as Managing Associate (Senioradvokat) to its expanding Construction and Dispute Resolution practices. Helgesson brings extensive experience advising on high-value, complex construction and infrastructure projects, further positioning Hjort as a go-to firm for domestic and international stakeholders in the Norwegian market.

Specializing in commercial contract law and contentious matters, Helgesson assists key industry players throughout the entire lifecycle of major construction projects. He combines acute commercial awareness with rigorous advocacy skills, successfully representing clients in both out-of-court negotiations and formal litigation/arbitration regarding complex final account disputes.

Q: What motivated you to specialize in dispute resolution and contract law, particularly within the construction and infrastructure sector? Kenneth Helgesson:

Kenneth Helgesson: I have always been fiercely competitive; before embarking on my legal career, I was a dedicated athlete. The driving forces for me have always been achieving peak performance, fostering a strong team dynamic, and knowing that my contribution is critical when high stakes are on the line. As a litigation lawyer, I found an environment that perfectly mirrors those dynamics.

Beyond the parallels to competitive sports, I am fascinated by the strategic nuances of courtroom advocacy—analyzing which narratives resonate, how the court evaluates evidence, which tactical moves prove decisive, and how to effectively manage unexpected developments from opposing counsel.

Construction disputes offer all of these intellectual challenges and more. A fascinating aspect of this sector is how two sophisticated parties can interpret the exact same project data and documentation through entirely different lenses, depending on their commercial role. Furthermore, these cases are typically high-value and fact-heavy. Success requires a deep command of the legal framework alongside a granular understanding of technical and financial intricacies.

A disputed variation order illustrates this perfectly. An entity may claim that a principal ordered work outside the original scope, demanding additional compensation or an extension of time. As counsel, my role is to lucidly explain to the tribunal or court why the “new” solution differs technically from the contract baseline, anchor this in the contract documents, and demonstrate the actual impact on critical path schedules, resource allocation, and costs. This frequently involves managing expert evidence from economists, civil engineers, and architects. Operating at the intersection of law, technical engineering, and persuasive advocacy is where I thrive.

Q: How would you describe the "common thread" in your professional approach leading up to your role as Senior Associate?

Kenneth Helgesson: My core philosophy has remained consistent from day one. I have translated my competitive drive and team-first mentality into the legal profession: I am deeply committed to understanding our clients’ underlying business drivers and what is genuinely at stake.

Concurrently, I maintain a pragmatic, game-theoretic approach to dispute resolution. Litigation must always make commercial sense for the client. A claim should be pursued because the potential outcomes and risk-reward ratio justify it, not merely for “the sake of principle.” Rigorous, upfront risk assessments enable us to secure optimal commercial outcomes through structured negotiation or mediation when appropriate, while decisively pursuing finality through the courts or arbitration when necessary.

Developing the Next Generation of Arbitration Experts

In addition to his construction and litigation practice, Helgesson is highly engaged in the arbitration community. He serves on the Board of Directors of Young Arbitration Practitioners Norway (YAPN), an organization dedicated to fostering international best practices and networking among arbitration specialists.

Q: What are the key takeaways from your leadership role in YAPN, and why is the arbitration community so vital?

Kenneth Helgesson: The arbitration community is particularly crucial for practitioners establishing their footprint in the market. Complex commercial disputes suited for arbitration are sophisticated and highly coveted, making early exposure vital. YAPN and similar international networks provide advanced training and a robust peer-to-peer ecosystem that sharpens strategic skills between active mandates.

A critical, yet often overlooked, phase of arbitration is the pre-hearing procedure—agreeing on procedural rules, selecting the tribunal, and framing the terms of reference. Having a pre-existing, professional relationship with opposing counsel streamlines this process significantly. Furthermore, these networks offer invaluable insights into arbitrator selection and expert witness performance. Understanding the subtle differences between the institutional rules of various arbitral bodies is directly applicable when advising clients on dispute resolution clauses in international transactions. I look forward to continuing this work on the YAPN board to ensure Norway remains an sophisticated, arbitration-friendly jurisdiction.

Q: What emerging trends in arbitration and Alternative Dispute Resolution (ADR) should international actors in the Norwegian market be aware of?

Kenneth Helgesson: We are observing a heightened appetite for arbitration, driven by several key factors:

  • Efficiency and Finality: A single-instance proceeding offers a definitive award, eliminating the risk of protracted multi-tier appellate litigation.
  • Procedural Flexibility & Expert Tribunals: Parties can appoint arbitrators with deep, industry-specific technical expertise, rather than relying on generalist judges in the state courts.
  • Confidentiality: Arbitral proceedings can be kept strictly confidential, which is a major advantage for commercial parties protecting sensitive proprietary data.

While cost is sometimes raised as a counterargument, arbitration is often highly cost-competitive when contrasted against multiple tiers of public court litigation.

Crucially, we are seeing an influx of international contractors and sponsors entering the Norwegian infrastructure and energy markets. For these multinational entities, international arbitration is the preferred mechanism. It guarantees a neutral, predictable forum, insulating them from unfamiliar domestic court cultures. For instance, a mainland European contractor will often favor established international institutional rules over unfamiliar Norwegian civil procedure.

Another prominent trend is the rise of project-integrated dispute resolution mechanisms—such as Project Resolution Committees (PRIME) and dispute boards. These frameworks address disagreements in real-time on-site, long before they escalate into formal litigation. For the construction sector, where cash flow and momentum are critical, these mechanisms are vital tools to keep megaprojects moving forward.

A Strategic Expansion of Hjort’s Real Estate and Construction Capabilities

Hjort has systematically built a premier construction and infrastructure practice. The addition of Kenneth Helgesson to the team reinforces the firm’s capacity to handle the market’s most demanding, large-scale projects, complex contractual structures, and cross-border disputes.