NORWAY Law and Practice Contributed by: Christian Reusch, Jenny Sandvig, Oda Lauksund Engamo and Therese Sætre Løfsgaard, Advokatfirmaet Simonsen Vogt Wiig
The Dispute Act states that the ordinary venue of nat- ural persons is the place of their habitual residence. Undertakings have their ordinary venue at the place where the head office of the undertaking is located, according to registration. Foreign business undertak- ings that have a branch, agency or similar place of business in Norway have an ordinary venue at this place of business if the action relates to activities at that location. The Dispute Act states that disputes in international matters may only be brought before the Norwegian courts if the facts of the case have a sufficiently strong connection to Norway. For instance, if a person or legal entity is not domiciled in Norway, a Norwegian court may still seize jurisdiction if the dispute con- cerns real property located in Norway. If the dispute falls within the scope of the Lugano Convention, the question of jurisdiction and legal venue is determined by the convention’s provisions as lex specialis. Norwegian courts will also accept jurisdiction of a case if the jurisdiction of the Norwegian court has been agreed by the parties. An agreement that broadens or limits the international jurisdiction of the Norwegian courts must be in writing. Any agreements on venues that fall within the scope of the Lugano Convention must be assessed according to Article 23 thereof. 3.4 Initial Complaint A lawsuit is initiated by a writ of summons. This can be submitted both in writing and orally, although the latter is uncommon. The writ of summons shall state: • the name of the court; • the names and addresses of the parties, their party representatives and their counsel; • the claim that is being asserted and a prayer for relief, which states the outcome the claimant is requesting by way of judgment; • the factual and legal grounds upon which the claim is based; • the evidence that will be presented; • the basis upon which the court has jurisdiction to hear the case if this may be doubtful; and
• the claimant’s view on the further proceedings of the case, including any agreements that may be of relevance to the proceedings. The writ of summons shall provide a basis for the par- ties and the court to hear the case in a sound man- ner. Claims, prayers for relief and the factual and legal grounds shall be stated in such a manner as to enable the defendant to consider the claims and prepare the case. The claimant’s argumentation shall not go fur- ther than necessary to satisfy these requirements. Furthermore, the writ of summons shall give the court a basis for assessing its jurisdiction and shall provide the necessary information to enable the writ of sum- mons to be served and to contact the parties. Some cases must be heard by a conciliation board before being brought to the ordinary courts. The requirements for an initial complaint to a conciliation board are almost identical to those described above. However, it is not uncommon for the complaint to be somewhat simpler and shorter than a writ of sum- mons. 3.5 Rules of Service It is the responsibility of the court to serve the defend- ant with the writ of summons. This can be carried out in several ways. If the defendant is represented by a lawyer, the documents are usually served by means of electronic communication. The lawyer who receives the service must confirm receipt on behalf of their cli- ent as soon as possible, and at the latest within the deadline specified in the transmission. Service can also be done by ordinary post, either by regular letter with acknowledgement of receipt or by registered let- ter. Furthermore, if service as described above is not successful, the court may seek to serve the defendant through other means, such as a process server. If the respondent is domiciled outside Norway, the manner of service will be governed by applicable international treaties. The most important convention is the Convention of 15 November 1965 on the Ser- vice Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Conven- tion 1965). Within the Nordic region, the agreement of 26 April 1974 between Norway, Denmark, Finland, Iceland and Sweden applies. The agreement simpli-
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