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.

ADRI

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

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, Yara International
Lawyer Thomas K. Svensen, BA-HR
Lawyer Knut Sverre Skurdal Andersen, Schjødt
Lawyer Andreas Meidell, Thommessen

Dispute resolutions

Arbitration

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.»

    Arbitration fees

    Disputed amount in NOK and Fee

    Less than 500.000
    10 000 NOK

    incl. 4 hours proceedings

    10 000 NOK
    500.001 – 10.000.000
    20 000 NOK

    incl. 7 hours proceedings

    20 000 NOK
    10.000.001 – 100.000.000
    40 000 NOK

    incl. 10 hours proceedings

    40 000 NOK
    100.000.000 or more
    70 000 NOK

    incl. 15 hours proceedings

    70 000 NOK
    Extra hours
    1 150 NOK hour rate

    Duration beyond the specific number og hours are billed extra

    1 150 NOK hour rate
    Cancellation fee
    10 000 NOK

    - will be charged upon withdrawal of the case.

    10 000 NOK
    Fast-Track Arbitration

    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.”

    Meditation

    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.

    Registration fee
    5 000 NOK
    5 000 NOK
    Handling fee per day
    1 000 NOK
    1 000 NOK
    Arbitration and Fast-Track Arbitration

    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

    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

    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.”