ADR in Norway

Settlement of disputes through arbitration in Norway is done in accordance with the OCC Institute’s requirements. 2017 saw the creation of a new arbitration institution called the NOMA. The main goal of the NOMA is to promote settlement of international disputes in Norway & other Nordic states. Mediation in the Kingdom of Norway is administered by courts; it may, however, be organized privately (i.e. out of court).

Domestic & international arbitration proceedings are regulated by the NAA (the Arbitration Law). Modelled on the UML, it’s applicable to any kind of cases, big & small enterprises, consumers & professional investors. Because the NAA is applicable to any arbitration cases administered in the country, it contains far more provisions than the UML.

Confidentiality

Those seeking to start arbitration proceedings in the Kingdom of Norway should be mindful of the fact that proceedings & awards aren’t considered confidential if parties haven’t reached an agreement about that. An agreement on confidentiality is to be concluded after a dispute has arisen.

There are several provisions in the NAA regarding the conclusion of arbitration agreements in the Kingdom of Norway. Pursuant to them, it mustn’t necessarily be in written form; however, it’s normally concluded in writing.

Evidence

Those planning to settle a commercial dispute by arbitration in the Kingdom of Norway shouldn’t forget that they are expected to present evidence. Pursuant to Norwegian legislation, they can furnish any evidence they see fit. Please keep in mind that arbitration courts can reject evidence that has no relevance to a particular case.

Applicability

If there’s no agreement between parties regarding substantive law, arbitration courts normally apply Norwegian collision law.

Resolving commercial disputes by arbitration in the Kingdom of Norway requires parties to bear expenses (both individually & severally); however, if one of them files a request with a court, expenses can be distributed between them.

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Protection of Consumers

An arbitration agreement concluded before the materialization of a dispute isn't deemed binding. That said, consumers may still start arbitration in the Kingdom of Norway after a dispute becomes a fact. If that’s the case, arbitration agreements are to be concluded in writing & represent separate documents which bear signatures of all parties involved.

Normally, arbitration courts are composed of 3 adjudicators. When it comes to smaller cases, one arbitrator is usually appointed.

Norway: Mediation

The majority of disputes settled in courts may also be settled during mediation proceedings or soon after it. Resolving an international dispute by mediation in the Kingdom of Norway implies that adjudicators play the role of mediators. Participants can refuse mediation whenever they wish to. If judicial mediation didn’t result in the resolution of a case, it may be referred to other adjudicators for consideration.

All evidence presented during a mediation is confidential; therefore, an adjudicator who will be handling a particular case mustn’t get any information about parties’ positions.

Parties can also take advantage of an out-of-court settlement or resolve a dispute through private mediation in the Kingdom of Norway.

The number of private mediators has been on the increase recently, especially when it comes to resolving major construction disputes in the Kingdom of Norway. Another noteworthy event has been the establishment of a certification program for mediators by the Association of Lawyers.

Seeking to resolve a dispute through arbitration/mediation in the Kingdom of Norway? Need advice on arbitration/mediation regulation in Norway? Why not contact YB Case?