Arbitration in NorwayUpdated on Tuesday 07th March 2017
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There may come a time when the contracts you have entered into with companies in Norway will not go as smoothly as planned. Sometimes, parties are not able to perform all their obligations as agreed upon in the contract. When this happens, you can enter into arbitration. It is an alternative method of settling disputes without court involvement. Arbitration in Norway is governed by The Arbitration Act of 2004. This law is applicable when the arbitration is to be conducted in Norway and its application is mandatory, unless if the parties have clearly agreed that other laws or provisions shall apply. If you need representation in an arbitration proceeding, our lawyers in Norway can help you.
Scope of Arbitration in Norway
Not all parties can seek to resolve disputes through Norwegian arbitration. Only those that have agreed that the place of arbitration will be in Norway can do so or when one party has a place of business or resides in Norway. Parties must also make sure that their dispute is one that can be arbitrated. Only the issues that the parties have a right to dispose can be arbitrated. These issues usually deal with their private commercial relations to each other. Those which concern the state, such as criminal offenses, are not allowed to be arbitrated. Our attorneys in Norway can help you determine whether your dispute can be arbitrated or not.
Arbitration Agreements in Norway
Although The Arbitration Act of 2004 of Norway does not require any specific form of arbitration agreement, it would be best to put one in writing to serve as proof. In such an agreement, the parties must clearly establish their legal relation, the dispute and their intention to resolve the conflict through arbitration. Only a valid agreement can proceed to arbitration in Norway while terminated or invalid agreements may not be enforced. Our Norwegian lawyers can help you draft an arbitration clause before entering into a contract or draft an arbitration agreement after a conflict has arisen.
Norwegian Arbitral Tribunal
Arbitration in Norway is handled by an arbitral tribunal. This is usually composed of 3 arbitrators but the parties can agree to more and both of them should choose who shall comprise the tribunal. If they fail to choose, they can choose one arbitrator each and the chosen arbitrators shall choose the remaining one.
Arbitral Award in Norway
After both sides have been heard, the arbitral tribunal renders its decision and gives the arbitral award. The arbitral award contains the determination as to who is right between the parties and the remedies and obligations given to each of them. Domestic and foreign arbitral awards are enforceable.
If you are planning to undergo arbitration in Norway, just get in touch with our Norwegian law firm. We will guide you through the process.