Being totally independent; Norwegian courts are mainly responsible for preventing anti-constitutional acts & implementing laws. If you decide to settle a business dispute in the Kingdom of Norway, please note that the country has sixty six municipal or local courts, six district courts of appeal, several special courts & the Supreme Court.
Adjudicators & Jurors
Adjudicators’ role consists in administering justice by considering factual information & evidence provided in the course of proceedings by parties. Appointment of adjudicators (at all levels) takes place on the basis of a royal decree. Jurors only take part in cases related to criminal law.
Norway: Initiating a Trial
There’s no specific deadlines for filing claims, with the limitation period being applicable only to claims. Plaintiffs must duly notify defendants of their intention to file a claim, providing an explanation for doing so in writing. Both of them must seek to resolve a commercial dispute in the Kingdom of Norway by mediation or any other ADR method.
Norway: Dispute Resolution Procedure
Initiating court proceedings in Norway begins with filing a court order with a lower court (local or municipal one). A subpoena must then be issued indicating the nature of a claim, as well as factual information & legal arguments it’s based on. If plaintiffs wish so, evidence & subpoenas can be filed in electronic form. Fees for filing a claim are charged automatically after initiation of proceedings.
Those seeking to settle a commercial dispute in the Kingdom of Norway should keep in mind that Norwegian & foreign applicants can benefit from temporary injunctions. No punitive damages are awarded, while interest is paid by court order.
Public Access & Class Action Suits
Court hearings are public. Testimonies, statements & other documents related to court proceedings aren’t available to the general public. Class action suits are filed by representatives appointed by courts on behalf of a particular group.
Municipal courts’ decisions can be appealed with district courts of appeal within thirty days after a municipal court’s decision is received. Appellate courts may reject appeals. Appellate courts’ decisions can be appealed with the Supreme Court.
Being a signatory to the Lugano Convention, Norway is obliged to recognize & enforce judgments rendered by foreign courts. Nordic countries also recognize one another’s civil judgments on the basis of an agreement signed between them. The Hague Convention signed by Norway obliges foreign courts to request evidence collected in Norway.
Norway: Settling Disputes by Arbitration
Based on the UNCITRAL Model Law, Norwegian arbitration legislation doesn’t require arbitration agreements to be in writing. An arbitration panel is normally made up of three arbitrators. Should there be reasonable grounds to believe that arbitrators aren’t impartial or properly qualified, their appointment can be challenged.
ADR in Norway
Parties are normally recommended to settle a dispute by mediation in the Kingdom of Norway. Mediation is always voluntary, with courts having no power to oblige parties to resolve disputes through mediation in the Kingdom of Norway.
Need help with resolving disputes by arbitration or mediation in Norway? Interested in pre-trial resolution of a dispute in Norway? Please consider contacting IQ Decision UK.