Litigation in Norway
Litigation in Norway
Updated on Wednesday 06th March 2024 Rate this article
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What are the types of Courts in Norway?
The Norwegian court system is formed by the Supreme Court, the courts of appeal and the first instance courts. Besides those, there is also a Labor Court located in Oslo. The Norwegian judicial system is considered one of the less complex systems in the world. As a particularity there is no Constitutional Court like in other states. The Supreme Court is protecting the provisions of the Constitution. The Supreme Court of Norway consists in 18 judges and a chief justice. There are five courts of appeal in Norway consisting in 17 judges. Each case is heard by a panel of three judges. The first instance courts are much more numerous and consist of a single judge per Court. Our litigation lawyers in Norway can offer you legal representation before any of the Courts mentioned above.
What are the responsibilities of the Courts in Norway?
The highest instance in Norway is the Superior Court, which has a wide jurisdiction and hears a broad variety of cases related to the civil law, criminal law, administrative law and constitutional law. The decisions taken in the lower courts can be contested in front of the Supreme Court but its main task is to ensure clarity and uniformity in the law-making process. This is one of the reasons for which the Supreme Court focuses especially on cases which involve issues of legal principle. The Courts of Appeal are hearing the civil and criminal cases already heard at the district courts which could not settle the issues in question. The first instance courts are hearing the minor civil and criminal cases. The decisions taken in a first instance court can be appealed at the Court of Appeal.
The cases involving issues related to the Labor Law are heard by the Labor Court located in Oslo. Individuals involved in an employment dispute can seek legal assistance and representation from our team of Norwegian lawyers who has extensive experience in these types of cases.
What are the responsibilities of the Arbitrary Court in Norway?
It is important for a claimant as well as for a defendant to try to negotiate before bringing a process in court. Apart from litigation, there are various methods to settle a legal dispute. For example many conflicts are resolved by alternative methods such as mediation, arbitration and conciliation which can solve issues with a reduced degree of complexity.
The parties which have signed a special agreement related to the arbitration in commercial cases can ask for the organization of this type of judgment, which is considered to provide a much faster and cheaper resolutions to legal dispute. The parties can mutually agree on a place in which the arbitration to take place, as well as on the identity of the arbitrators and the date of the process. The costs are handled by both parties and the process cannot start if there is no valid arbitration agreement between the parties.
If you want to know more details about the litigation process in Norway, we invite you to watch the video below:
How long does litigation in Norway take?
The duration of a litigation process in Norway doesn’t have an established timeframe. It depends on the complexity of the case, the availability of the parties, the judge or the Norwegian lawyers. It also depends on the fact that the initial decision can be contested in second instance, which increases the time before a decision becomes enforceable.
Our lawyers can also offer legal support in litigation cases related to divorce in Norway.
How to prepare for a litigation process in Norway?
A good preparation for a litigation process can save a lot of time in court. One of the most effective ways to simplify a litigation process is by providing accurate information to the judges. It is important that companies keep a detailed record of their business activities as well as on their internal organization so that they can at any time support their declarations through illustrative evidence. You will need as well to analyze the entire dispute and to prepare a coherent and well-argued narrative. A chronology of the events might as well be a useful tool in a litigation procedure.
Secondly, especially if you are a foreign investor in this country it is advisable to get trained in the legal framework of Norway. This is important in order to know what legal statements are going to guide the litigation process on which your situation depends. This preparation will allow you as well to structure your discourse and provide to your lawyer the most important data which can bring you a success in court.
