CHAPTER 27 - Norway- Interim Measures in International Arbitration
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Originally from: Interim Measures in International Arbitration
Norway has fairly recently updated its dispute resolution laws.
Formerly, both civil litigation in courts and arbitration was governed by
the Norwegian Civil Procedure Act of 1915 (Tvistemålsloven) (as
continuously updated and amended), arbitration being governed by that
act’s chapter 32.
The Civil Procedure Act’s rules on civil procedure (i.e. for cases in
the ordinary court system) was replaced by a new Norwegian Dispute
Resolution Act 2005 (“DRA”) (Tvisteloven) which was passed on 17
June 2005 (no. 60) and entered into force on 1 January 2008. It
incorporates (and amends) the rules on interim measures which were
earlier enacted in the Norwegian Enforcement Act (of 1992).
New legislation governing arbitration—the Norwegian Arbitration
Act 2004 ("AA") (Voldgiftsloven)—was prepared around the same time
as the DRA and was passed on 14 May 2004 (no. 25) and entered into
force on 1 January 2005. The DRA follows the UNCITRAL Model Law
(“ML”) to such extent (but not completely) as for Norway to be
considered a “Model Law jurisdiction”.
The AA provides that its rules can be abrogated by agreement
unless otherwise stated in the act (exceptions for a few basic rules to
secure fair trial, contradiction and justice). It is not uncommon that
parties make particular rules for an arbitration, or even incorporate a
complete set of arbitration rules such as those of the Oslo Chamber of
Commerce (OCC) (Oslo Handelskammer) or ICC. (OCC’s arbitration
rules mainly make explicit reference to the AA for all issues where there
are no particular OCC rules.)
Most arbitration in Norway, both domestic and international, is ad
hoc arbitration following the AA rules.