NORWAY Law and Practice Contributed by: Trond Hatland, Per Ole Svor, Henrik Fabian Torgrimsby and Anders Eide Røyneberg, Advokatfirmaet Thommessen AS
If the grounds for invalidity affect only parts of the award, only such parts will be deemed invalid. An action to set aside an award must be brought with - in three months after the award was received by the party; see Section 44 of the Arbitration Act. If an action for invalidity has been brought and there are grounds for setting aside the award, the court may, at the request of a party, adjourn the action to set aside and refer the case back to the arbitral tribunal to continue the proceedings and make a new award, if this may obviate the grounds for setting aside. When an award is set aside, the arbitration agreement will again become effective unless otherwise agreed between the parties or implied by the judgment setting aside the award. 11.2 Excluding/Expanding the Scope of Appeal Under Norwegian law, the parties may not agree to exclude or expand the scope of appeal or challenge,
tions 45 and 46). The parties cannot derogate from the applicability of these rules by agreement; see Sections 2, 45 and 46. It is set out in Section 46 that the recognition and enforcement of an arbitral award may only be refused 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 the law of the country where the award was made; • the party against whom the award is invoked 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 unlaw - ful; • the arbitration procedure was contrary to the law of the place of arbitration or the agreement of the parties, and it is likely that this has had an impact on the decision; or • the award is not yet binding on the parties, or it has been permanently or temporarily set aside by a court at the place of arbitration or by a court of the country under the law of which the merits of the dispute have been determined. The court will refuse recognition and enforcement of an award of its own accord if: • the dispute could not be determined by arbitration under Norwegian law; or • recognition or enforcement of the award would be contrary to public policy ( ordre public ). If the reason for refusing recognition or enforcement affects only part of the award, the court will only refuse recognition or enforcement of such part. Enforcement will take place pursuant to the provisions of the Enforcement Act, except as provided by Chap - ter 10 of the Arbitration Act; see Section 45.
as set out in 11.1 Grounds for Appeal . 11.3 Standard of Judicial Review
The court may only set aside the case as invalid based on the grounds detailed in 11.1 Grounds for Appeal .
12. Enforcement of an Award 12.1 New York Convention
Norway is party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, with the following reservations: • Norway will apply the convention only to the rec - ognition and enforcement of awards made in the territory of one of the contracting states; and • Norway will not apply the convention to disputes where the subject matter of the proceedings is immovable property situated in Norway, or a right in or to such property. 12.2 Enforcement Procedure The matters of recognition and enforcement of awards are regulated in Chapter 10 of the Arbitration Act (Sec -
585 CHAMBERS.COM
Powered by FlippingBook