Dispute resolution
The Arbitration and Dispute Resolution Institute (ADRI) of the Oslo Chamber of Commerce provides services relating to the resolution of commercial disputes at the national and international level.
Oslo Chamber of Commerce
Institute for Arbitration and Dispute Resolution
We offer methods of arbitration and mediation as a private alternative to litigation through the public courts, and are Norway’s only body for institutional dispute resolution.
Arbitrators affiliated with the ADRI are commercial lawyers, judges and legal academics, and are among the country’s most experienced in the practice of alternative dispute resolution.
The methods offered are arbitration, fast-track arbitration and mediation, as well as expert assistance to prevent disputes from arising.
We also offer advice on the use of arbitration and dispute resolution clauses when contracts are entered into.
The Institute
The ADRI’s Board of Directors
Chair
Lawyer Ola Ø. Nisja, Wikborg Rein
Board members
District Court Judge Thor Henning Auestad, Stavanger District Court
Professor Giuditta Cordero-Moss, dr. juris, University of Oslo, Department of Private Law
Vice President Legal Olav Hustad, Equinor
Lawyer Stephan L. Jervell, Law firm Wiersholm AS
Lawyer Johnny Johansen, Haavind
Professor Knut Kaasen, dr. juris, University of Oslo, Nordic Institute of Maritime Law
Lawyer Christian Reusch, Simonsen Vogt Wiig
Executive Vice President and General Counsel Kristine Ryssdal, Yara International
Lawyer Thomas K. Svensen, BA-HR
Lawyer Marie Nesvik, Schjødt
Lawyer Andreas Meidell, Thommessen
Dispute resolutions
Arbitration
When arbitration is used, the parties leave the decision concerning a dispute over which they have complete discretion to a private tribunal.
Benefits compared with the use of public courts:
- Expertise – liberty to choose arbitrators with knowledge of the business sector concerned)
- Fast process – faster than normal court proceedings
- Confidentiality – the case is exempt from public disclosure
- Easier enforcement of decisions in many countries, pursuant to the New York Convention
Provisos:
- The parties must have previously agreed to the use of arbitration.
Please note that an agreement to resolve disputes through arbitration precludes normal litigation of the same question through the courts, and arbitration decisions cannot be appealed.
«Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.»
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Arbitration
Arbitration fees
Disputed amount in NOK
Fee
Duration beyond the specific number og hours are billed an hourly rate of NOK 1.150,-
Cancellation fee
A cancellation fee of NOK 10.000,- will be charged upon withdrawal of the case.
Fast-Track Arbitration
Fast-track arbitration is suitable for less complex cases than a normal arbitration case. It differs from normal arbitration in that:
- Only one arbitrator may be appointed
- Faster process (the decision must be handed down no more than six months after the arbitrator is appointed)
- The parties are not normally entitled to submit more than two case documents each
Advantages compared to normal arbitration:
- Faster
- Less expensive
- Does not have to have been contractually agreed, but can be agreed once a dispute has arisen
- Otherwise, the same advantages as normal arbitration
Limitations compared to normal arbitration:
- Best suited for simple cases (not of extensive scope or complexity)
“Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by fast-track arbitration in accordance with the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.”
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Fast-Track Arbitration
Mediation
The objective of mediation is to resolve a dispute without recourse to litigation, in that the parties, with the help of an appointed mediator, seek to settle the dispute amicably.
Advantages:
- Extremely fast
- Low costs
- Confidentiality
- The parties arrive at an amicable settlement that also provides the basis for a good business relationship in the future
- The parties may agree to mediation after the dispute has arisen
“Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be referred to mediation in accordance with the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.”
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Mediation
Mediation fees
Arbitration and Fast-Track Arbitration
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.
The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute includes the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration.
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Arbitration and Fast-Track Arbitration
Mediation and Arbitration
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall first be referred to mediation in accordance with the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.
If one of the parties objects to mediation or if the mediation is terminated, the dispute shall be finally resolved by arbitration in accordance with the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.
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Mediation and Arbitration
UNCITRAL rules
Parties wishing the Institute’s assistance as the appointing authority under the UNCITRAL Rules (United Nations Commission on International Trade Law) may use the following clause:
“Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by Arbitration in accordance with the UNCITRAL Arbitration Rules in effect on the date of this contract. The appointing authority shall be the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce.”
If administrative assistance is also required, the following can be added to the clause:
“The matter shall be administered by the Institute based on the rules on administrative assistance under the UNCITRAL Rules.”
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UNCITRAL rules
