Litigation and Arbitration in Norway: What International Clients Need to Know

Thommessen has updated an extensive online publication on Litigation and Arbitration in Norway, which is available in full here.

Below, Partners Andreas Meidell, Henrik Møinichen and Kristine Hyldmo Bjørnvik highlight key features of litigation and arbitration in Norway.

Strict deadlines: The Three-Year Rule

Norway's main limitation period is three years from when you first had the right to demand performance. For breach of contract claims, this starts when the breach occurred. Missing this deadline means, as a clear starting point, forfeiting your right to claim. Timely action to interrupt time bar correctly is therefore required.

– We regularly see international clients who are surprised by Norway's relatively short limitation periods. Unlike some jurisdictions with longer deadlines, the three-year rule is generally strictly enforced. When a dispute governed by Norwegian law arises, it is important to clarify all time-bar issues, says Andreas.

Disclosure – Targeted Requests

Unlike common law jurisdictions, Norway has no broad discovery rules. You can request specific documents, but disclosure obligations are narrower and more targeted. All evidence must be submitted during the preparatory stage, and disclosure requests must be expected to be presented at an early phase.

– In Norway, we normally seek to present targeted document requests. This means early case preparation is crucial. You need to identify and secure key evidence from the start, Kristine continues.

Oral Presentation

Norwegian litigation emphasizes oral presentation. This means that everything must in principle be presented live to the judges during the main hearing. It cannot be expected that they review written submissions in detail beforehand. This makes hearings longer but more interactive compared to many other jurisdictions.

– Arbitrations, however, tend to rely more heavily on written submissions, and arbitrators are expected to be well-prepared before the arbitral hearing, by reading submissions, evidence and witness statements in some detail. Arbitrations in Norway are increasingly aligning with international practices, says Henrik.

Quick Reference: Norwegian Litigation Essentials

Key insights to note when dealing with litigations in Norway:

• Oral hearings: Civil cases are characterised by extensive oral hearings. Evidence and arguments are primarily presented orally to the court. There is usually only one main hearing, during which the entire case is presented.

• Swift proceedings: The main hearing is normally held within six to twelve months after the Writ of Summons is filed, even in commercial cases.

• Full review: Parties have the right to have all their claims and arguments tried in court, and all relevant documentation and evidence can be presented.

• Limited use of written witness statements: Even in complex cases, it is rare for witnesses to provide written statements. Witness testimony is given orally in court, and the other party often has limited insight into what the witness will say in advance.

• Broad right of appeal: There are wide opportunities for appeal, both on facts and law. Appeal cases often entail a full new trial, and new evidence may be invoked.

• Strict timetable and case management: Once the main hearing date is set, postponements are only granted for compelling reasons. Parties must therefore be prepared to collect and present evidence within a relatively short timeframe.

• Moderate approach to disclosure of evidence: Norway does not have a discovery regime as in common law countries. Instead, parties may request the disclosure of specific documents or evidence, and the court will normally grant such request as long as the document is likely to have at least some relevance.

Need More Detail?

For comprehensive guidance on Norwegian court procedures, civil proceedings, legal costs, interim remedies, mediation, and arbitration, access our detailed publication here.