Patrick Key
Thommessen has written the chapter regarding Norway in Chambers International Arbitration 2023.
Managing Associate Henrik Møinichen and Senior Associate Amelie Lied Haga have, together with colleagues from our dispute resolution-team, written the Norwegian chapter in Chambers International Arbitration 2023 Guide, which you can read in its entirety here.
Trends and Developments
Henrik has been involved in writing the "Trends and Developments" section.
– In this section, we note an increase in commercial disputes being resolved by arbitration instead or ordinary court proceedings. Few years back, arbitrations were often conducted almost identically to litigations before the ordinary courts. This is changing, which may be seen as an internationalization of Norwegian arbitrations, Henrik says.
Institutional or semi-institutional arbitration is becoming more popular, with a detailed Procedural Order No. 1 and an increased use of written witness statements.
– The parties are often encouraged to "front load" the preparations. The hearing may be more concentrated on legal presentations, the contentious facts and cross-examinations. We also discuss the parties' disclosure obligations under Norwegian law, confidentiality of awards and the possibility to challenge the validity of awards, as well as AI technology and digitalization, Henrik continues.
International Arbitration 2023
The guide provides the latest legal information on global arbitration practice and trends, including governing legislation, arbitral tribunals, challenges to jurisdiction, preliminary and interim relief, collection and submission of evidence, confidentiality, types of remedies, enforcement and review of award, class actions and third-party funding.
Law and Practice
Amelie has contributed with the Q&A regarding Law and Practice.
– In the "Law and Practice" section, you can find an answer to most questions you may have about arbitration in Norway, from the prevalence of arbitration to enforcement of an award. Did you know that Norwegian parties most frequently rely on ad hoc arbitration as prescribed by the Norwegian Arbitration Act, and less so institutional arbitration? Or that arbitration is most frequently used within the reinsurance market and the M&A sector?, Amelie says.
The Arbitration Act is based on the UNCITRAL Model Law on International Commercial Arbitration (1985), but there are some differences. Two examples are the requirement of the arbitration agreement and the confidentiality of proceedings.
– The chapter also covers the arbitration agreement, the tribunal, evidence and so much more. If you have any questions about Norwegian Arbitration that is not covered in the chapter, do not hesitate to get in touch, she continues.
