Key Benefits:
Law of arbitration. |
| Date | LO-2004-05-14-25 |
| Ministry of | The Justis and the Department of Emergency |
| Last modified | LAW-2007-12-21-127 from 01.01.2008, LO-2005--06-17-90 from 01.01.2008 |
| Published | In 2004 booklet 6 |
| Istrontrecation | 01.01.2005 |
| Changing | |
| Announcement | 14.05.2004 |
| Card title | The arbitration law-vol. |
The law applies to arbitration that is agreed or follows by law, without regard to whether the parties are Norwegian or foreign. It applies only to arbitration that takes place in Norway, if nothing else follows the fourth clause of the fourth clause.
The provisions of Section 7 and 8 also apply when the arbitration place is abroad or it has yet to be determined.
The courts can hit decisions like Section 13, 15 and 16, jf. Section 6, adding them, also whether the arbitration place is not determined, if at least one of the parties has its business place or common whereabouts in Norway.
Chapter 10 also applies to foreign arbitrator.
Lovens rules can be waived by agreement in the extent that it is determined in the individual paragraph.
Unless otherwise agreed, written communication for received the day the document has been delivered addressing a personal or delivered to dennes business location, residence address or mailing address. Can none of these addresses be brought on the clean after a reasonable examination, in writing, written communication of received the day the document has been submitted to the recipient's last known business location, residence address or mailing address. The parties agree to use electronic communication, deemed written communication received when it has been submitted to the correct electronic address and address has access to it.
The provisions do not apply to the treatment in the common courts.
Part Article SECTION 4. Loss of the right to promote interminationA party who knows that the arbitrator is not in accordance with the absence of provision in this law or with the arbitration agreement must be stated in terms of this within the deadlines that are formed, and if not such due date has been risen, without unnecessary stay. In the contrary, the entry can not be made current.
Part Article SECTION 5. Taushebe alike and publicUnless the parties have agreed otherwise for the individual case, the arbitrator and arbitration decisions are not subject to secrecy.
Outsiders can only be present during the arbitration negotiations when and in the extent that it follows of agreement between the parties.
Part ArticleThe courts have the authority to process or hit the decision in disputes that hear during arbitration, only where it follows by the law here.
When the courts have the authority of the law here, the court is competent that the dispute could have been filed for if it did not run a arbitration agreement. Has no court authority after the determination in the first period, the Oslo courthouse is competent court. The court that first has brought the case to do, shall treat subsequent motion to the courts in the same arbitration case. Evidence can also be done by other court.
The rules of the dispute law apply to the courts of the issue if otherwise stated by the law here. The treatment in the court is normally in writing. Munal negotiation is held when the envision of the defensible and fair trial dictates it. The munral treatment can be restricted to shonest questions. Search targets to set aside an arbitrator after Chapter 9 are treated after the common rules of the dispute of the dispute.
| 0 | Changed by laws 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88), which changed by law 26 jan 2007 # 3. 21 des 2007 # 127 (ikr. 1 jan 2008). |
The courts shall reject lawsuits of judicial conditions that hear during arbitration if a party desires rejection at the same time with the party going into the case of the case. The court is to advance the case if it finds that a arbitration agreement is invalid or for other reasons cannot be carried out.
If arbitration has been initiated after Section 23 when lawsuits are placed, the case should only be achieved if the court finds it clear that the arbitration agreement is invalid or that arbitration for other reasons cannot be carried out.
Although lawsuits are hosted by the courts, the arbitrator may start or continue the arbitration treatment, and also determine the dispute.
The courts may be able to suspend use of temporary safeguards after the tweet chapter 32 to 34 even if a dispute hears during arbitration.
| 0 | Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
Activists in judicial conditions that the parties have free disposal can be settled at arbitration.
The privatireless effects of the competitive legislation can be tried in an arbitration case.
The parties can deal arbitration for disputes that have been arisen, and for all or straight disputes that may arise in a specific legal relationship.
Unless otherwise agreed between the parties in the arbitration agreement, the arbitration agreement follows the transfer of the judicial conditions it encompasses.
Part Article SECTION 11. Consumer relationshipsA arbitration agreement reached before the dispute occurred is not binding on the consumer.
A arbitration agreement in which a consumer is party is to be taken into a separate document and underdrawn by both parties. The deal can be accessed electronically if it is taken advantage of a reassuring method for authenticating the appointment and ensuring the agreement's content.
A consumer who enacts on negotiations for the arbitrator without having been made aware of what an arbitrator will mean when it comes to the possibility of overtrial, and that the arbitration agreement by the rules in first and other clause is not binding, may make current that arbitration is not binding agreed without consideration until the deadline of Section 18 third clause.
The parties can deal with the number of judges the court to consist of ; if not otherwise agreed, the arbitrator shall consist of three judges.
Part Article SECTION 13. The resolution of the arbitratorThe arbitration judges shall be unbiased and independent of the parties, and be eligible for the enlisted.
The parties should barely be able to mention the arbitration court in communities.
Should the arbitrator have three members, and the parties do not agree on the joint statement, mentions each party member. The deadline is one month after the party received the request for the uplift. These members are mentioning in the community arbitration of the court within one month.
If the arbitrator is not allowed to establish in accordance with the agreement or second and third clause, each of the parties may require the court to mention the one or the arbitrator that is missing. The resolution cannot be estimated.
The first to third clause can be waived by appointment.
| 0 | Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
The person who is contacted about possible appointed by the arbitrator shall be urged to be urged to inform conditions that may be suitable for creating justified doubts about impartiality or independence. An arbitrator shall from the enlisting and through the entire arbitration treatment immediately give information to the parties about new such conditions.
Objection can only be made current against an arbitrator if there are conditions that create justified doubts about the arbitrator's impartiality or independence, or if the judge does not have qualifications as agreed between the parties. Against an arbitrator that the party has participated in the termination of, it can only be made current intermination due to conditions that the party has been familiar with after the acquisition has been made.
Unless the parties have agreed a second approach, inaction against an arbitrator is justificable and protested in writing to the arbitrator within 15 days after the party received knowledge of the uptake of the judge and circumstances The introsification builds on. The arbitration court determines the ensification, unless the judge withdraws or the other party agrees to the ensification.
If an introverment is not taken to follow, and the parties have not agreed to any other approach, the party that has been promoting, bringing the question in for the courts within one month from message was received that the insigment was not taken to follow. The court decision determines the question by ruling. The ruling cannot be aniled. The introduction cannot later be used as an invalid reason or as indemurment against recognition or consummation. The arbitration court, with the arbitrator which it is aimed at, can continue arbitration and determine the dispute even if the question is versing for the court.
| 0 | Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
In fact, if it becomes legal or actually impossible for an arbitrator to fulfill its mission, or an arbitrator of other reasons fails to act without unnecessary stay, the mission ceases if the arbitrator withdraws or the parties agree on that the mission is to cease. In the contrary, each of the parties may demand that the courts by ruling determine the question of whether the mission should cease for a reason as mentioned. The ruling cannot be aniled.
That an arbitrator withdraws or the parties agree that the mission will cease after the first clause or Section 15 first clause, does not imply that an incomes after the first clause or Section 14 other clauses are durable.
| 0 | Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
When the arbitrator's mission ceases after Section 15 or 16, the arbitrator withdraws for any other reason, the parties agreements to recall the uptake or in other cases where the mission ceases, shall a new arbitrator be appointed by the rules which are taken advantage of the arbitrator of the arbitrator that is being replaced.
All previous arbitration proceedings that make up part of the ruling basis are repeated if a new arbitrator is appointed.
The Paragrafen can be waived by appointment.
The arbitration court determines questions about his own sentencing, herunder objections to the existence or the validity of the arbitration agreement.
By decisions after the first clause, an arbitration agreement that constitutes a part of a contract is deemed a sovereign agreement independent of the other parts of the contract. A decision by the arbitrator that the contract is invalid, does not entail in itself that the arbitration agreement is invalid.
The objection that the arbitrator lacks the sentencing of the case or the requirement must be made the current latest in the party's first post to the reality of the claim. The arbitration court may allow for objections against its sentencing of the population at a later time if the party is not significantly to blame for the release of the signing of the A party is not cut off from promoting such incomes by participating in the termination of the arbitration court.
The arbitration court can process objections against its sentencing either during the arbitration treatment or in the arbitrator that determines the dispute. If the arbitrator of the arbitrator determines that it has sentencing, each of the parties within one month from the decision was received to bring the question in for the courts that determine that by ruling. The arbitration court can continue arbitration and determine the dispute even if the question is versing for the courts.
The arbitration court can after motion from a party impose any party to conduct such temporary measures that arbitrator from the dispute's content finds necessary. The arbitration court can as conditions for the Commencement and Transparency of the tilting of the tilting that have desired the ceiling, to silence security for any consequences of that within a set deadline.
The arbitration court can limit or undo a temporary action.
Turns out that the claim that the temporary ceiling was supposed to secure did not pass at the time of the ceiling was decided, duties that desired to replace the financial loss that it has inflicted on other parties. The replacement claim is determined by the arbitration court after motion from a party.
The Paragrafen can be waived by appointment.
The parties should be given equal treatment at any stage of the arbitrator and have full occasion to pursue their cause.
Part Article SECTION 21. Rules for the case processingWithin the frame of the Parts Agreement and the law here, the arbitrator shall process the case in the way it finds appropriate. Soon the arbitrator is appointed, it shall or its leader after the dream of the parties determining a plan for the further processing, if not otherwise agreed.
In the absence of agreement of arbitrator, the arbitrator determines the arbitrator under consideration of practical treatment of the case, herunder the Parts of the Parramen to participate in oral negotiation.
Regardless of the arbitration, the arbitrator may not be able to, unless the parties have agreed otherwise, hold meeting where it finds it appropriate to consult, to question witnesses, case-savvy or parties or to examine evidence.
Unless the parties have agreed otherwise, the arbitration case has begun the day sued received claims that the dispute should be processed at arbitration.
In the absence of agreement of arbitration, the arbitrator determines the arbitrator.
Is the arbitrator of Norwegian, Swedish or Danish can be used.
The arbitral language shall be applicable in any written statement from the parties, in oral negotiations and in decisions and other communication from the arbitral Court.
The arbitration court may require written evidence translated into the language that the parties have been agreed on or to which the arbitrator has stipulated.
Other to the fourth clause can be waived by appointment.
The plaintiff shall within the due date of the parties or the arbitrator have stipulator, induration the court to the arbitrator. In the subpoena, it shall be specified as the current, an allegation that indicates the sentencing result the plaintiff requires, the actual and judicial justification for the requirement and the evidence that will be taken.
The plaintiff shall within the due date of the parties or arbitrator of the court have determined, incomes to the arbitrator. The assignment shall illuminate whether the claim in the subpoena is accepted or disputed, or if it is made the current objections to the arbitrator process. The assignment shall contain an allegation with the sentencing of the state sued requires, the actual and judicial justification for the assertion and the evidence that will be taken. The progress sued the requirements that the petition for, applies to the rules of the subpoena and the response of this requirement.
The parties can by appointment the absence of the requirements of the content of the subpoena and the responses that first and other clauses are putting.
Unless the parties have agreed otherwise, they can advance new requirements, expand the assertion of requirements that are protested, and provide new on-state basis and new evidence. The arbitration court can after claims from a party deny the change made when the envision of the case of the case of the case or other heavy-heavy conditions dictates that it should not be permitted.
The arbitration court decides whether or not to be held oral negotiation in the case or whether it should be decided on the basis of written treatment. A party can claim oral negotiation, which then is to be held at an appropriate time during the case processing.
The parties shall be given reasonable advance notice of any oral negotiation and any meeting where they have the right to be present.
All announcements, documents and other information that are put forward for the arbitrator shall be at the same time sending to the rest parties in the case. The material arbitrator receives directly from others than the parties, it shall immediately be oversending to them.
The Paragrafen can be waived by appointment, except in consumer relationships.
If the plaintiff without any reasonable reason is neglecting the subpoena after Section 25 first clause, the arbitrator shall raise the arbitration case.
If sued without any reasonable reason, the arbitrator shall continue to pursue the treatment of the case without adding the neglect of the case of the ticket's claims.
If a party will not be without any reasonable reason for an oral negotiation or fail to provide document evidence, the arbitrator may continue the treatment and to dismiss the verdict on the basis that has been issued.
The Paragrafen can be waived by appointment.
Part Article SECTION 28. ProofThe parties are in charge of the issue of the issue and have the right to bring the evidence they desire.
The arbitration court can deny any evidence led if it clearly does not have meaning to the decision of the dispute. The arbitration court may limit the evidence if it is not a reasonable relationship between the significance of the dispute has or the significance of the evidence has for the decision of the dispute and the extent of the evidence.
The Paragrafen can be waived by appointment.
The arbitration court can name one or more plainproof to make the statement of particularly separate questions to be decided by the arbitration court. The arbitration court may require the parties to provide the plain-savvy all relevant information and that they will put forward or provide access to evidence.
A Saxon who has handed down written statement, duties whether it is required by the parties or arbitrator finds it necessary, to meet to oral negotiation where the parties are given the opportunity to ask questions and to bring plain-savvy witnesses on the theme.
The rules of injustices against arbitrator in Section 14 and 15 first joints apply as far as they fit on the plain-savvy appointed by the arbitration court.
The Paragrafen can be waived by appointment.
The arbitration court, or a party with the consent of the arbitrator, can request that the courts occupy parentexplanations, testimonials and other evidence. The arbitrator shall be given reasonable advance notice of the evidence recording. The arbitration judges have the right to be present and to ask questions.
When an arbitrator must take position for the interpretation of the EES agreement with protocols, attachments and the litigation attachments may, if neither party has agreed otherwise, by its own measures or after motion from a party, ask a court to The parental interpretation question for the EFTA court following the rules of the court law Section 51 a. The court can encourage the EFTA Court to give advisory statements about the interpretation of the EES agreement.
The arbitrator shall be invoking the court rules that the parties have chosen for the tangible dispute issues the issue applies. A reference to a country's law or judicial system shall be considered as a referral to this country's material court rules and not to the country's legal rule of law, unless otherwise stated.
Where the parties have not chosen court rules, the arbitrator shall be invoking the rules that follow by Norwegian legislof Law.
The arbitration court shall only strike decision by the equitable if the parties explicitly have the authority of the arbitrator of this.
When the arbitrator decides its sentencing after Section 18's first clause, the paragrafen applies here only so far it is unify with Section 43 first clause letter a and other clause.
Part Article SECTION 32. The relationship with the couple's process actions. The evidenceThe arbitration court can only determine the demands that have been erected in the case. The decision must lie within the frame of the claims parties have laid down, and the court can only build on the state grounds that are invoked.
The arbitration court decides the case-relationship decision should build on by a free judgment of the evidence that has been brought.
The Paragrafen can be waived by appointment.
The arbitration court can decide that it should be negotiated in particular about one or more claims in the case, or if one or more tweet points.
The arbitration court can impose particular one or more claims in the case or part of a requirement.
The arbitration court can impose an on-state basis only when it leads to the decision of a requirement.
The Paragrafen can be waived by appointment.
The arbitration court hits decision by the voting majority. If it is not possible to achieve the voting majority, the voice of the arbitrator is leading crucial. Is there not a majority for any result when monetary amounts or other sizes should be determined, the votes for higher amounts or sizes are placed with the votes of the closest to the following until it becomes plural.
If a minority of the judges refuse to participate in a vote, the rest of the arbitrator can hit the decision.
Case processing questions can arbitrator the leader decide on their own if the leader is the authority of this by the parties or by an overall arbitrator.
The Paragrafen can be waived by appointment.
If the parties deal with the arbitration court, the arbitrator shall be filed for the petition from the parties confirming the settlement of the settlement in an arbitrator, if it has no reason to oppose this.
An arbitrator that confirms a settlement has the same effect as other arbitrator.
The arbitration shall be in writing and signed by all arbitrator. In arbitration cases with more than one judge, it is sufficient that the majority sign the arbitrator if the reason for not all of them has signed, forth of the sentence.
The arbitration shall indicate the reasons that it builds on, unless the verdict confirms a settlement after Section 35. It shall be disclosed if the verdict is unanimous. If that is not the case, enlighten who disagrees and what points the disagreement applies.
The arbitration shall indicate time and place of the sentencing after Section 22 first clause. The arbitration shall be deemed to be said on this site.
The arbitrator is passed the parties.
The arbitrator shall submit a signed copy of the arbitrator of the courthouse to the retention of the court's archive.
Other and fourth joints can be waived by appointment.
The arbitration case ends with the final arbitrator or with the arbitrator's decision on the rise after other to the fourth clause.
The arbitrator shall raise the arbitration case if the plaintiff is waived the claim, unless the plaintiff opposes the rise and arbitration court finds that the defendant has mainly due to arbitration.
The arbitration court shall raise the arbitration case if the parties agree on this.
The arbitration court shall raise the arbitration case if it finds that a continuation of the matter is unnecessary or impossible.
The arbitration authority will cease when the arbitration case is concluded, with the exception of what follows by Section 38 and 44 other clauses.
Each party can within one month after the verdict has been received, asking the arbitrator to
| a) | correct a conviction that due to write-or math failure, pressure defects or similar clear error has been given a design that did not match the arbitrator's meaning, and |
| b) | cancel additional judgement to the decision of claims that are protested under the arbitrator and which should have been settled, but not included in the ruling. |
The request is sent at the same time to the rest parties. The arbitrator shall take the request to follow if it is grounds for it. Correction must be conducted at the latest one month after the request was received. Additional verdict must be said at the latest two months after the request was received.
The arbitration court can within one month after the sentencing of the sentencing of its own initiative ; the parties shall then be notified and given the opportunity to comment before correction.
The rules of Section 36 also apply to the correction of the arbitrator and the cancellation of additional judgment.
The Paractment can be waived by appointment, except for the adhall to correct errors as mentioned in the first clause of the letter a.
The arbitration court determines its own allowance and expense coverage, if nothing else is agreed between the arbitrator and the parties. The determining decision is made in judgment or in decision that finishes the case. The amount is due to payment one month after the verdict or decision has been said.
The parties are solidarity responsible for the cost of the arbitration court, if not otherwise agreed between the arbitrator and the parties.
The determining after the first clause is forced to be forced to be forced by smaller it brought in for the courts within one month from the day the party received the charge decision. If requested or deducation or cancellation of additional verdict by the rules of Section 38, a new deadline runs from the day party received the decision. The court decision determines the question by ruling. If the costs of the arbitrator are reduced, this effect also gets to those parties that did not bring the question in for the courts.
The arbitration court shall after motion from a party distribute the costs of the arbitrator between the parties as it finds right.
The arbitration court can after motion from a party impose another party to cover all or part of the party's costs with the case if it finds this right.
The arbitration distribution of the costs is taken into the verdict or in the decision that ends the case. The arbitration distribution of costs between the parties is final.
The Paragrafen can be waived by appointment.
The arbitration court may impose the parties to silence security of arbitration charges, if not otherwise agreed between the arbitrator and the parties. The arbitration court can completely or partially terminate the arbitration case unless such security is being asked.
If a party fails to run for security, the other party can silence the entire security or bring the dispute in for the courts until decision, if the parties did not agree otherwise.
An arbitrator can only be set aside as invalid by the courts through a lawsuit by Section 43 and 44.
An arbitrator can only be set aside by the courts if
| a) | One of the parties in the arbitration agreement lacked legal action ; or the arbitration agreement is invalid after the judicial rules that the parties have agreed to be applied to the agreement, or in the absence of such agreement, by Norwegian right, or |
| b) | the party that has filed invalidated lawsuits was not given adequate notice of the uptake of an arbitrator or whether the arbitrator or may not have been given the occasion to porcable its views on the matter, or |
| c) | The arbitrator lies outside the arbitrator of the court, or |
| d) | The arbitration court has had an incorrect Assembly, or |
| e) | The case treatment violates the law or the party's agreement and it is nearby that the failure may have had meaning to the decision. |
When the question of the validity of an arbitrator has been brought in for the courts, the Court of Justice shall set the verdict aside if
| a) | The dispute cannot be settled by arbitration after Norwegian right, or |
| b) | The arbitrator seems offensive to the court order (order public). |
If the invalid reason only frames a portion of the sentence, the invalidity only gets effect for this part.
Search targets to set aside an arbitrator must be placed within three months from the day the party receives the arbitrator. If the arbitration court is conducting court proceedings or destates additional verdict after Section 38, the deadline runs from this point in time. The same applies to where the arbitrator decides not to comply with a couple's request for judicial proceedings or cancellation of additional verdict after Section 38.
When it is erected case after the first clause and there is the basis for insistence, the Court of Justice may after motion from a party to delay the issue of further treatment and new decision in the arbitrator if this could make The basis of the invalidity of the waste.
The aspect of an arbitrator implies that the applicable arbitration agreement again becomes effective, if nothing else is agreed between the parties or follows of the verdict of the ruling.
An arbitrator shall be recognized and could be fulfilled after this determination and Section 46, regardless of which country it has been said in.
Recognition and consummation of an arbitrator assumes that a party makes the arbitrator available in original or by attested copy. If the arbitrator is not designed in Norwegian, Swedish, Danish or English, party shall also make available an authorized translation. Documentation may be required for the agreement or other basis for arbitration.
Completes are happening following the rules of forced consummation law so far nothing else follows of this chapter.
Recognition or consummation of an arbitrator can only be denied if :
| a) | One of the parties in the arbitration agreement lacked legal action ; or the arbitration agreement is invalid after the judicial rules that the parties have agreed to be applied to the agreement, or in the absence of such agreement, after the country's right where the arbitration was said, or |
| b) | the party that arbitrator is invoked to not be given adequate notice of the enumeration of an arbitrator or whether the arbitrator or may not have been given the occasion to porcable its views on the matter, or |
| c) | The arbitrator lies outside the arbitrator of the court, or |
| d) | The arbitration court has had an incorrect Assembly, or |
| e) | the case processing violates the law on the arbitrator or the party agreement and it is nearby that the failure may have had meaning to the decision, or |
| f) | The arbitrator is yet to be binding on the parties, or the lasting or temporary is set aside by a court on the arbitrator or by a court in that country whose court rules are applied by the decision of the dispute. |
The courts shall of separate measures deny recognition and consummation of an arbitrator when :
| a) | The dispute could not be settled by arbitration after Norwegian right, or |
| b) | recognition or consummation of the arbitrator seems offensive to the Order of the Order of the Order of the Order. |
If the reason for denying recognition or consummation only frames a portion of the sentence, it is only this part that can be denied recognised or consummated.
The court can suspend the decision of recognition and consummation if it finds this appropriate, and lawsuits on the issue of an arbitrator have been filed at a court as mentioned in Section 46 first clause letter f. The court chair can in such a case after claims from the party that requires recognition or consummation, impose the other party to quiet security.
Part ArticleThe law applies from the time the King decides. 1
| 1 | Ikr. 1 jan 2005 ifg. res. 14 May 2004 # 751. |
The law applies to arbitration in which the arbitration case is initiated after the law is in effect, with the exception that follows by other to the fifth clause.
Section 10 other joints and 11 applies to arbitration agreement that enclavishing after the law is in effect.
The provisions of Section 5 and 19 apply to arbitration in which the arbitration agreement has been reached after the law is in effect.
Chapter 9 applies to case of the issue of the arbitrator of arbitration which has been said after the law is in effect. For the case of the issue of the arbitrator that has been said before the law is in effect, the dispute of the dispute applies to the chapter 32.
Chapter 10 applies to case of recognition and consummation where the motion of consummation is filed after the law is in effect.
From the time the law takes effect, the tweet of the dispute is Chapter 32.
From the same time, the following changes are made in other laws :---
