NORWAY Law and Practice Contributed by: Andreas Stang Lund, Per Conradi Andersen, Alexander Daae and Emilie Wilberg, Kvale Advokatfirma DA
6.2 Interim Relief to Support Arbitration and ADR Interim relief may be granted by the ordinary courts even if the dispute is subject to arbitration, as pro- vided in Article 8 of the Norwegian Arbitration Act. The reason is that interim measures ordered by an arbitral tribunal are not enforceable. The same applies where the seat of arbitration is abroad or has not yet been determined. A request for interim relief in arbitra- tion presupposes that an arbitration panel has been appointed. Since this may take time, interim relief may be less effective. 6.3 Timing of Applications for Interim Relief While a petition for interim relief may be filed both before proceedings are commenced and during the course of the proceedings, most applications are filed prior to proceedings commencing. It is not a condition that the main action has already been brought, but the court may set a time limit for bringing the main action. Also, an application for interim relief may be filed simultaneously with the writ, in the same process. 6.4 Security for Costs As a general rule, the Dispute Act allows a defendant to request security for costs where the claimant is not domiciled in an EU/EEA state. Such security may be ordered unless it would be contrary to an international obligation requiring equal treatment, or unless it would be disproportionate in light of the nature of the case, the parties’ relationship and the circumstances gen- erally. The purpose of the provision is to address the risk of non‑recovery of cost awards against claimants domiciled outside the EU/EEA. A request for security must be made at the earliest opportunity. 6.5 Interim Injunctions Arrest of assets or interlocutory measures to secure a claim are granted where the claimant establishes a prima facie case and a need for security, such as a risk of substantial harm or frustration of the claim. Arrest of monetary claims is typically ordered where there is a risk that the respondent will dissipate assets, while interlocutory measures are commonly used to prevent irreversible harm. Where there is a risk in delay, interim relief may be granted even if the underlying claim has not been established on a prima facie basis.
6.6 Summary Judgment Under Norwegian law, the closest equivalent to sum- mary judgment is simplified judgment proceedings under Section 9-8 of the Dispute Act. A party may request such a judgment during the preparatory stage and before the main hearing. The court may grant the request where it is evident that the claim cannot succeed, in whole or in part, or that the objec- tions to the claim are wholly unsustainable. The court will only entertain such a request if it considers there are grounds for doing so, and the decision whether to proceed under this mechanism is not separately appealable. 7. Mass Claims and Class Actions 7.1 Procedural Mechanisms Class actions ( gruppesøksmål ) are governed by Chap- ter 35 of the Norwegian Dispute Act. They may be brought where multiple claims arise from the same or substantially similar factual and legal grounds, and a class action is considered the most appropriate pro- cedure. As a main rule, class actions are opt-in. Opt-out actions may be permitted in cases involving numer- ous low-value claims, subject to stricter conditions and court approval. The court must approve the class action and appoint a class representative to safeguard the interests of the class. Judgments are binding on all class members, subject to the applicable opt-in or opt-out mecha- nism. 7.2 Standing Requirements To bring a class action, the claimant must be either a member of the class or an entity (such as an organi- sation) capable of safeguarding the interests of the class. The court must approve the class representa- tive, who must be suitable to adequately represent the class. To participate, individuals must fall within the defined scope of the class. In opt-in actions, class mem- bers must actively register to be included. In opt-out
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