NORWAY Law and Practice Contributed by: Andreas Stang Lund, Per Conradi Andersen, Alexander Daae and Emilie Wilberg, Kvale Advokatfirma DA
Kvale Advokatfirma DA Haakon VIIs g 10 0161 Oslo Norway Tel: 22 47 97 00
Email: post@kvale.no Web: www.kvale.no
1. Dispute Resolution Methods 1.1 Main Dispute Resolution Methods Litigation through public courts is the main method of resolving commercial disputes in Norway. Court medi- ation is embedded within the system, and the court decides that mediation shall take place it it deems it appropriate. Larger commercial disputes are often resolved in arbi- tration, since most commercial contracts include an arbitration clause. Arbitration pursuant to the Norwe- gian Arbitration Act, which is based on the UNCITRAL Model Law, is common in disputes between Norwe- gian entities. Institutional arbitration under the Interna- tional Chamber of Commerce (ICC), Oslo Chamber of Commerce or Nordic Offshore & Maritime Arbitration (NOMA) will often be applied in cross-border matters. 1.2 Choice of Dispute Resolution Method The ordinary courts are the principal and most com- monly used forum for dispute resolution in Norway, for both private and commercial disputes. This is typically the case for: • contractual disputes and claims for payment; • real estate and construction disputes; • damage claims; and • corporate and shareholder disputes (post-M&A). Judicial mediation is an embedded part of dispute res- olution in ordinary courts. The district court decides that mediation shall take place it it deems it appro- priate. In recent years, there has been an increasing focus on resolving disputes through mediation. As a result, a substantial number of disputes are resolved
amicably. Judicial mediation may also be attempted in the appeal courts. Arbitration is also widely used as a dispute resolution mechanism, particularly within certain sectors; it is frequently used in shipping, offshore and energy dis- putes, post-M&A disputes and construction disputes. Purely domestic disputes are often resolved pursuant to the Norwegian Arbitration Act, whilst international disputes typically follow one of the institutional arbi- tration regimes eg, ICC, NOMA or the Oslo Chamber of Commerce). As with disputes in the ordinary courts, arbitration disputes may also be resolved through mediation, although that relies more on the parties’ approach. 1.3 Key Dispute Resolution Trends Dispute resolution in Norway is gradually changing. A notable development is the growing importance of mediation, following amendments to the Dispute Act, under which the courts shall decide on mediation where the case is suitable for that. Large and complex commercial disputes are increasingly being resolved by way of mediation. There is also a trend towards more active case man- agement from the courts, and a stronger focus on proportionality, to resolve disputes effectively. Arbitra- tion is primarily a feature of larger, often international disputes in which speed, confidentiality and sector- specific expertise are the main considerations. At the same time, digital conduct of litigation has become standard. The introduction of re-use of audio and video record- ings from the oral hearings in the district court in
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