NORWAY Trends and Developments Contributed by: Kristine Hyldmo Bjørnvik, Andreas Meidell, Henrik Møinichen and Nanette Arvesen, Advokatfirmaet Thommessen AS
Advokatfirmaet Thommessen AS Ruseløkkveien 38 0251 Oslo Norway Tel: +47 23 11 11 11
Email: tha@thommessen.no Web: www.thommessen.no
International Arbitration in Norway – An Introduction
trend for parties to opt for institutional arbitration, either through international or domestic institutions (Oslo Chamber of Commerce), or semi-institutional arbitration, particularly following the Nordic Offshore and Maritime Arbitration Association (NOMA) rules and guidelines. Previously, Norwegian arbitration proceedings were generally conducted almost identically to court litiga - tion, characterised by a high degree of oral evidence. In the “Norwegian tradition”, witness statements are given directly before the judge without prior written submission, and documentary evidence is presented by reading relevant sections “word for word”. The main advantage is that the parties’ counsel have more control over what the judges review, observe and understand. However, the main disadvantage is that the hearings can become lengthy and important evidence, including witness statements, is only par - tially known before the hearing. Nowadays, it is common practice for parties involved in Norwegian ad hoc arbitrations, in dialogue with the arbitrators, to agree to follow more detailed rules and best practice guidelines. For example, the NOMA rules and guidelines are widely used in Norwegian ad hoc arbitrations to ensure a predictable and efficient process. Despite NOMA’s maritime background, the rules and guidelines are generic and can be used equally well in non-maritime cases. The rules resem - ble the UNCITRAL Arbitration Rules, and the NOMA best practice guidelines provide more detailed rules on case management conferences, procedural orders, etc. This typically implies more structured, front-load - ed preparation and a higher number of written pro - ceedings than was the case seven to ten years ago.
In Norway, commercial disputes have traditionally been resolved through litigation in ordinary courts. However, in recent years, there has been a growing preference for arbitration, with a noticeable decline in the number of commercial disputes being litigated in ordinary courts. This shift is primarily driven by com - mercial parties increasingly choosing arbitration when drafting contracts. There is a growing awareness of the benefits of arbitration, such as the possibility to secure expert arbitrators and the assurance of an effi - cient and final resolution to a dispute, since arbitral awards are not subject to appeal. These advantages are becoming better recognised and valued. As ad hoc arbitrations dominate in Norway, there are no published statistics on Norwegian arbitrations. However, unofficial surveys suggest that there may be 100–200 arbitrations annually, covering all areas of commercial contracts, including construction law, supply and delivery contracts, banking, shipping, marine insurance, joint ventures and post M&A dis - putes. Arbitration has also attracted considerably more aca - demic interest in Norway during recent years. There are numerous seminars and conferences on the topic, and universities are offering courses and conducting research on international commercial arbitration as part of their commercial law programmes. Internationalisation of Norwegian Arbitrations Although ad hoc arbitration under the Norwegian Arbi - tration Act of 14 May 2004 No 25 (the “Arbitration Act”) remains the most common, there is a growing
589 CHAMBERS.COM
Powered by FlippingBook