Law On Mediation And Procedure In Civil Disputes (Dispute Act)

Original Language Title: Lov om mekling og rettergang i sivile tvister (tvisteloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-17-90

Law on mediation and procedure in civil disputes (Dispute Act).


Date LOV-2005-06-17-90


Affairs Ministry of Justice

Edited
LOV-2016-04-22-3


Published in 2005 Booklet 8


Commencement 01/01/2008

Changes
LOV-1915-08-13-6

Promulgated
17.06.2005

Short Title
Disputes Act - tvl.

Act ikr. January 1, 2008 acc. Res. January 26, 2007 No.. 88 - Cf. Previous law August 13, 1915 6.

Understanding the law:

Law should facilitate an equitable, fair, fast, efficient and trustworthy treatment of litigation through public proceedings before independent and impartial courts. The law should protect the individual citizen needs to enforce their rights and resolve their disputes and society needs to get respected and clarified rules of law.
Disputes Act aims at a more efficient processing of civil disputes in the courts and has, inter alia special provisions småkrav, ie claims under kr. 125 000, -. The aim is that the scope of the process and the costs associated with this shall be adapted to the value of the item in dispute. Another important consideration is that the process will be effective and that the judge should have an active management of the preparation of cases.
The law consists of nine parts. The first part reviews the legislative intent and application and basic assumptions for the treatment of civil cases. The second part provides rules for mediation and resolving the matter through conciliation board, conciliation and mediation. The third part deals with the right treatment in the first instance, while the fourth part provides general provisions relating the basis for the court's decisions, process claims, court proceedings, court records and public. Part five contains provisions on evidence, while Part six covers remedies (appeal and the reopening of cases). Part seven contains provisions on interim security Eighth Share on special procedural forms and Ninth part about endorsement of Disputes Act and amendments to other laws.
Disputes Act supersedes previous legislation of 1915.

Chapter Overview:

The first part - Purpose of the Act. Basic assumptions for the treatment of civil cases (§§ 1-1 - 4-8)
Chapter 1. The purpose and application (§§ 1-1 - 1-5)
Chapter 2. Parties, procedural capacity and sitters (§§ 2-1 - 2-5)
Chapter 3. Counsel and assistants (§§ 3-1 - 3-8)
Chapter 4. Substantive and geographical jurisdiction (§§ 4-1 - 4 -8)
part II - Mediation and clarification (§§ 5-1 - 8-7)
Chapter 5. Duties before proceedings are instituted (§§ 5-1 - 5-4)
Chapter 6. treatment in conciliation (§§ 6-1 - 6-14)
Chapter 7. Extrajudicial mediation (§§ 7-1 - 7-4)
Chapter 8. mediation and judicial civil courts (§§ 8 -1 - 8.7)
part III - treatment of first instance (§§ 9-1 - 10-6)
Chapter 9. Public Process (§§ 9-1 - 9-17)
Chapter 10. small claims procedure (§§ 10.1 - 10.6)
Fourth part - General provisions (§§ 11-1 - 20-12)
Chapter 11. The basis for the court's decisions, guidance and case management (§§ 11-1 - 11-7)
Chapter 12 proceedings (§§ 12-1 - 12-4)
Chapter 13. Court sittings and court records (§§ 13-1 - 13-9)
Chapter 14. Freedom of information and access rights (§§ 14-1 - 14-7)
Chapter 15. Association of claims and lawsuits. Intervention (§§ 15.1 - 15.9)
Chapter 16. Management of case progress. Special measures (§§ 16-1 - 16-19)
Chapter 17. Valuation (§§ 17.1 - 17.5)
Chapter 18. Effects of lawsuits etc. (§§ 18-1 - 18-4)
Chapter 19. Judicial rulings and court settlements (§§ 19-1 - 19-16)
Chapter 20. Legal costs (§§ 20.01 - 20.12)
part five - evidence (§§ 21-1 - 28 A-5)
Chapter 21. General provisions on evidence (§§ 21-1 - 21-13)
Chapter 22. Prohibited evidence and proof exemption ( §§ 01.22 - 12.22)
Chapter 23. parties to attend and explanation duty (§§ 23-1 - 23-2)
Chapter 24. Witness Evidence (§§ 01.24 - 24.11)
Chapter 25. Expert evidence (§§ 25.1 - 25.6)
Chapter 26. Real evidence (§§ 26-1 - 26-8)
Chapter 27. Taking of evidence in legal proceedings (§§ 27- 1 - 7.27)
Chapter 28. evidence outside court (§§ 28-1 - 28-5)
Chapter 28 A. Right to information by engaging in intellectual property rights, etc. (§§ 28 A-1-28 A-5)
part six - Remedies (§§ 29.1 - 31.9)
Chapter 29. Appeal to High Court (§§ 29-1 - 29-24)
Chapter 30. Appeal to Supreme Court (§§ 30-1 - 30-15)
Chapter 31 Reopening (§§ 31.1 - 31.9)
part seven - Provisional security (§§ 32-1 - 34-7) | || Chapter 32. General provisions (§§ 32-1 - 32-13)
Chapter 33. Arrest (§§ 33-1 - 33-14)
Chapter 34. Temporary injunction (§§ 34-1 - 34-7)
part VIII - Special types of procedure (§§ 35-1 - 36-10)
Chapter 35. Class actions (§§ 35-1 - 35-15)
Chapter 36. Cases concerning administrative enforcement decisions in the health and social sector (§§ 36-1 - 36-10)
Ninth part - Commencement and amendments to other acts (§§ 37-1 - 37-3)

Chapter 37. Commencement and amendments to other acts (§§ 37-1 - 37-3)
Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters done at Lugano on 30 October 2007. | || Chapter I. Scope
Chapter II. Jurisdiction
Section 1. General Provisions
Section 2. Special jurisdiction
Section 3. Jurisdiction in insurance matters
Section 4. Jurisdiction in matters relating to consumer contracts
Section 5. Jurisdiction in matters relating to individual contracts of employment | || Section 6 Exclusive jurisdiction
Section 7 Prorogation of jurisdiction
Section 8. Validation of jurisdiction and susceptibility
Section 9. lis pendens - related actions
Section 10. Provisional security mm
Chapter III. Recognition and enforcement
Section 1. Recognition
Section 2. Enforcement
Section 3. General Provisions
Chapter IV. Authentic instruments and court settlements
Chapter V. GENERAL PROVISIONS
Chapter VI. Transitional provisions
Chapter VII. Relations with Council Regulation (EC) No. 44/2001 and other instruments
Chapter VIII. FINAL PROVISIONS
Protocol 1 on certain questions of jurisdiction, procedure and enforcement
Protocol 2 concerning uniform interpretation of the Convention and on the Standing Committee
Protocol 3 on the application of Article 67 of the Convention
Annex I
Annex II
Appendix III
Annex IV Annex V


Annex VI Annex VII
Annex VIII
Annex IX