Dispute resolution
The Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce provides services relating to the resolution of commercial disputes at the national and international level.
The institute offers methods of arbitration and mediation as a private alternative to litigation through the public courts, and is Norway’s only body for institutional dispute resolution.
The methods offered are arbitration, fast-track arbitration and mediation.
The Institute
The 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 Anne Hesjedal Sending, Haavind
Professor Knut Kaasen, dr. juris, University of Oslo, Nordic Institute of Maritime Law
Lawyer Christian Reusch, Simonsen Vogt Wiig
Legal Counsel Lisbeth Grambo, Borregaard
Lawyer Thomas K. Svensen, BA-HR
Lawyer Knut Sverre Skurdal Andersen, Schjødt
Lawyer Andreas Meidell, Thommessen
Dispute resolution
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:
Provisos:
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.»
Arbitration fees
Disputed amount in NOK and Fee
incl. 4 hours proceedings
incl. 7 hours proceedings
incl. 10 hours proceedings
incl. 15 hours proceedings
Duration beyond the specific number og hours are billed extra
- 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.”
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.”
Meditation fees
Disputed amount in NOK and Fee
All prices are excl. VAT.
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.
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.
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.”