NORWAY Law and Practice Contributed by: Trond Hatland, Per Ole Svor, Henrik Fabian Torgrimsby and Anders Eide Røyneberg, Advokatfirmaet Thommessen AS
applicable. In a recent judgment (HR-2025-921-A) the Supreme Court referred to the Courts of Justice Act Sections 106–108 being of importance for the inter - pretation of the Arbitration Act. Further, the Supreme Court emphasised that the European Convention on Human Rights Article 6, paragraph 1 is applicable, unless the parties “in an unequivocal manner” have waived their rights thereunder. The “Guidelines on Conflicts of Interest in International Arbitration” from the International Bar Association may also provide some guidance for resolving whether an arbitrator is “impartial and independent”. The requirement regarding the arbitrators’ qualifi - cations must also be assessed specifically in each case, based on the parties’ agreement and the spe - cific facts. If the parties have agreed on any specific requirements regarding experience or knowledge, this would of course be relevant (if not decisive) in the assessment. As stated in 4.4 Challenge and Removal of Arbitra- tors , a candidate approached for possible appoint - ment as an arbitrator, as well as an appointed arbi - trator, is under a constant duty to disclose any circumstances likely to give rise to justifiable doubts as to their impartiality or independence. Challenges to the tribunal’s jurisdiction, including any objections as to the existence or validity of the arbi - tration agreement, are decided by the arbitral tribunal in accordance with Section 18 of the Arbitration Act. The arbitral tribunal may rule on an objection as to whether it has jurisdiction over the case either dur - ing the arbitration proceedings or in the arbitral award determining the dispute. As a general rule, if a party wishes to raise the objec - tion that the arbitral tribunal does not have jurisdiction over the case or the claim, such objection must be raised no later than in the parties’ submission of the first statement to the merits of the case. 5. Jurisdiction 5.1 Challenges to Jurisdiction
If the arbitral tribunal rules during the arbitration pro - ceedings that it has jurisdiction, any party may – within one month of having received such ruling – bring the issue before the ordinary courts, which will determine such issue by way of an interlocutory order; see Sec - tion 18, paragraph 2 of the Arbitration Act. 5.2 Circumstances for Court Intervention As stated in 5.1 Challenges to Jurisdiction , the ordi- nary courts can determine whether an arbitration pan - el has jurisdiction – this is if a party brings the issue before the ordinary courts, pursuant to Section 18 of the Arbitration Act, after a decision has been passed by the arbitral tribunal ruling that it has jurisdiction. In accordance with Section 43, paragraph 2 (c) of the Arbitration Act, the ordinary courts may also set aside an arbitral award if such award is outside the scope of jurisdiction of the arbitral tribunal. The party must bring a legal action for setting aside the arbitral award before the ordinary courts within three months after receiving the arbitral award. It is also a condition that the courts may not have already decided on the arbitral tribunal’s jurisdiction in the par - ticular case, pursuant to Section 18 of the Arbitration Act, at an earlier phase of the arbitration proceedings. If the arbitral award falls outside the scope of the jurisdiction of the arbitral tribunal, the ordinary courts may also refuse to recognise or enforce the award, in accordance with Section 46 of the Arbitration Act. 5.3 Timing of Challenge As stated in 5.1 Challenges to Jurisdiction , a party must bring the issue regarding the jurisdiction of the arbitral tribunal before the ordinary courts within one month after having received a ruling from the tribunal deciding that the tribunal has jurisdiction. If the jurisdiction of the arbitral tribunal is not chal - lenged during the arbitration procedure, the parties can bring a legal action for setting aside the arbitral award before the ordinary courts within three months of the party receiving the arbitral award; see 5.2 Cir- cumstances for Court Intervention .
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