NORWAY Law and Practice Contributed by: Knud Jacob Knudsen, Jenny Sandvig, Oda Lauksund Engamo and Nicholas Foss Barbantonis, Advokatfirmaet Simonsen Vogt Wiig
gations is not an obstacle to legal proceedings, although it may have an impact on the liability for legal costs. 3.2 Statutes of Limitations Claims for money and other performances are subject to limitation periods in accordance with the provisions of the Act relating to the limitation period for claims. The general limitation period is three years, but certain types of claims are subject to a shorter or longer limitation period: for instance, there is a longer limitation period for claims based on money loans. Special rules also apply to claims for damages that do not arise from a contract. Generally, the limitation period runs from the date on which the creditor first has the right to demand performance. If the creditor has not asserted the claim because they lacked the necessary knowledge of the claim or the debt- or, the period of limitation expires at the earliest one year after the date on which the creditor obtained or should have obtained such knowl- edge. There are several ways in which the limitation period can be interrupted, such as when the debtor expressly, in word or deed, has acknowl- edged their debt to the creditor. Furthermore, and important practically, the limitation period is interrupted when the creditor submits a writ of summons. 3.3 Jurisdictional Requirements for a Defendant Jurisdictional requirements are regulated by the Dispute Act and the Lugano Convention. The Dispute Act states that the ordinary venue of natural persons is the place of their habitual resi-
dence. Undertakings have their ordinary venue at the place where the head office of the under- taking is located, according to registration. For- eign business undertakings 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 interna- tional 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 domi- ciled in Norway, a Norwegian court may still seize jurisdiction if the dispute concerns 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 jurisdic- tion of the Norwegian courts must be in writ- ing. 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 claim- ant is requesting by way of judgment;
1070 CHAMBERS.COM
Powered by FlippingBook