NORWAY Law and Practice Contributed by: Trond Hatland, Per Ole Svor, Henrik Fabian Torgrimsby and Anders Eide Røyneberg, Advokatfirmaet Thommessen AS
Chapter 22 and other provisions on evidence in this Act”. This provision will also apply to subsequent arbitra - tion proceedings in instances where the arbitrators seek assistance from the courts to obtain evidence, as mentioned in 8.3 Powers of Compulsion .
be relevant if one of the parties is successful in the claim, fully or in the main. The allocation of costs by the arbitral tribunal is final and will be included in the award or in the order ter - minating the case. The parties may also agree between them how the costs will be allocated – that is, that the parties will carry their own costs regardless of the outcome of the case. Arbitral awards are not subject to appeal. However, an action for invalidity may be brought before the ordi - nary courts on the grounds set out in Section 43 of the Arbitration Act, which explains that an award may only be set aside by the courts if: • one of the parties to the arbitration agreement lacked legal capacity, or the arbitration agreement is invalid under the law to which the parties have agreed to subject it or, failing such agreement, under Norwegian law; • the party bringing the action to set aside the arbitral award was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings, or was not given an opportunity to present their views on the case; • the award falls outside the jurisdiction of the arbi - tral tribunal; • the composition of the arbitral tribunal was incor - rect; or • the arbitration procedure was contrary to the law or the agreement of the parties, and it is likely that this has had an impact on the decision. If the issue of the validity of an award has been brought before the ordinary courts, the court will also set aside the award on its own initiative if: • the dispute cannot be settled by arbitration under Norwegian law; or • the award is considered to be contrary to public policy ( ordre public ). 11. Review of an Award 11.1 Grounds for Appeal
10. The Award 10.1 Legal Requirements
The arbitral award will be made in writing and signed by all arbitrators; see Section 36 of the Arbitration Act. In arbitration proceedings with more than one arbitra - tor, the signatures of the majority of the members of the arbitral tribunal will suffice, provided that the rea - son for any omitted signature is stated in the award. Furthermore, the award must state the reasons on which it is based, unless it is an award on agreed terms pursuant to Section 35, which sets out that the arbitral tribunal will, at the parties’ request, record the settlement in an award on agreed terms, unless the court has reason to object to it, and the parties set - tle the dispute. The award must also state whether it is unanimous. If it is not unanimous, the award must state who is in dissent and to which issues the dis - sent relates. The award must also state its date and the place of arbitration. The Arbitration Act does not contain any provisions on time limits for the delivery of the award. 10.2 Types of Remedies There are no general limitations by law on the types of remedies that an arbitral tribunal may award, but the remedy awarded must fall within the scope of the claims of the parties. 10.3 Recovering Interest and Legal Costs At the request of a party, the arbitral tribunal will allo - cate the costs of the arbitral tribunal between the par - ties as it sees fit; see Section 40 of the Arbitration Act. This includes ordering one of the parties to pay all or part of the costs of the other party. This will typically
584 CHAMBERS.COM
Powered by FlippingBook