NORWAY Law and Practice Contributed by: Andreas Stang Lund, Per Conradi Andersen, Alexander Daae and Emilie Wilberg, Kvale Advokatfirma DA
umentary and witness evidence is presented. As a general rule, judgment must be handed down within two weeks of the main hearing. A decision from the District Court may be appealed to the Appeal Court. The court of appeal may deny the appeal if it is clear on the merits that the appeal will be unsuccessful. If the appeal is granted, the Appeal Court will hear the case and, as a starting point, the evidence will be presented again. In some cases, however, the witness statements from the District Court are re-used by way of video recordings, and it has been decided that this shall be implemented as the main rule. The parties may also submit additional evidence before the Appeal Court. A decision of the Appeal Court may be appealed to the Supreme Court. However, a case must raise issues of principle in order for an appeal to be heard by the Supreme Court; most appeals are therefore not allowed. Proceedings before the Supreme Court focus on the key issues, and all evidence is presented in writing. A judgment of the Supreme Court is final and cannot be appealed further. 2.5 Confidentiality As a general rule, the main hearing is open to the pub- lic. The parties may apply for all or part of the hearing to be held in private (closed doors) – for example, where the case involves sensitive personal matters, or trade secrets and confidential business information. In any event, the parties must explain and substanti- ate why it is necessary for particular parts of the pro- ceedings, or the proceedings as a whole, to remain confidential. Hearing are only exempted from being public in narrowly defined cases, and this does not occur often in practice. 2.6 Interim Relief A claimant may seek various forms of interim relief. If the underlying claim is established on a prima facie basis and there are grounds for security, the claim- ant may apply for an interim injunction requiring the defendant to take, refrain from taking, or permit a par- ticular action. No such injunction will be granted if it would amount to a disproportionate interference with the defendant’s interests. It is also a condition that the
claimant takes legal steps to obtain a final determina- tion of the claim within a certain time limit. A claimant may also apply for an arrest to secure a monetary claim. This requires that the defendant’s conduct gives reason to fear that enforcement of the claim would otherwise be frustrated or made substan- tially more difficult, or would have to take place out- side Norway. The defendant may avert such an order by providing security for the claim. Applications for interim relief are not uncommon, whether brought as standalone proceedings or as part of ordinary litigation. 2.7 Final Relief Under Norwegian law, the courts may grant either executory or declaratory relief. An executory judgment may order the defendant to pay a specified sum. It may also require the defendant to do, or refrain from doing, a particular act. The court may order specific performance – for example, fulfilment of contractual obligations. The court may also grant declaratory relief – for exam- ple, determining whether a right exists and how a contractual provision is to be construed. It may also declare an administrative decision or a unilateral con- tractual declaration invalid. 2.8 Damages Norwegian law applies the principle that the injured party shall receive full compensation for its financial loss. This will, as a starting point, include both direct loss and indirect loss, unless the latter has been excluded – for example, in a contract. The injured party should be placed in the same financial posi- tion as it would have been in had the harmful act not occurred. In commercial disputes, only economically quantifiable loss is relevant: punitive damages are not awarded. Loss is assessed on a differential basis, by comparing the actual position following the loss with the position that the injured party hypothetically would have been in had the loss not occurred. In addition, there must be an adequate and foreseeable causal link between
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