{"id":107150,"date":"2025-07-10T10:33:33","date_gmt":"2025-07-10T10:33:33","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=107150"},"modified":"2025-08-19T10:36:07","modified_gmt":"2025-08-19T10:36:07","slug":"norway-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/norway-litigation\/","title":{"rendered":"Norway: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-107150","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-norway"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Thommessen (Advokatfirmaet Thommessen AS)<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/12\/thommessen.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Thommessen (Advokatfirmaet Thommessen AS)<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/12\/thommessen.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in Norway<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Disputes that are not settled amicably, either privately or following judicial mediation, are usually resolved either by the ordinary courts or by arbitration. Although ordinary courts traditionally have had a strong standing in Norway, an increasing number of commercial disputes are referred to arbitration.<\/p>\n<p>Furthermore, judicial mediation is advancing in the field of dispute resolution methods, as the district courts have shown an increased use in recent years. As of 2023, the Norwegian Dispute Act states that judicial mediation <em>shall<\/em> be conducted in all cases where deemed appropriate, which will be the case for most monetary claims. This means that courts can order judicial mediation to take place even if one or both parties oppose it. When making the ruling, however, the court must take into account the views of the parties. In practice, judicial mediation is seldom pursued if one or more parties strongly object.<\/p>\n<p>In 2024, 2,186 cases were subject to judicial mediation in the district courts, an increase of 12 % compared to the 1,945 mediated cases in 2023. A total of 1,639 were settled after mediation, an increase of 9 % compared to the 1,501 settled cases in 2023. The increases suggest a trend that we expect will continue. The probability that a case subject to judicial mediation is resolved through settlement has been recorded to be between 70 and 80 % for several years (75 % in 2024 and 77 % in 2023).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The ordinary courts follow an adversarial model for dispute resolution in accordance with the provisions of the Dispute Act. Proceedings are instituted by submission of a writ of summons and prepared through written submissions. The judgment, however, can only be based on\u00a0 evidence presented directly to the court during the main hearing, unless otherwise stated in the Dispute Act&#8217;s provisions on evidence. As a result, the main hearing tends to be lengthy and characterised by continuous oral arguments and direct presentation of evidence, including oral presentation of documentary evidence and witness testimonies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The ordinary court system in Norway is structured \u00a0hierarchical in three tiers. The first tier consists of 23 district courts, while six courts of appeal serve as primary appellate courts. At the apex of this hierarchy of courts is the Supreme Court. In addition to these three main tiers, there are mediation bodies with limited jurisdiction in civil cases, as well as special courts for land consolidation and labour disputes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In 2024, on average, it took 5.3 months from a legal action in a civil case was instigated until the main hearing on the merits took place before the district courts. The case processing time from appeal to the appeal hearing in the courts of appeal was, on average, 4.6 months. The case processing time for the Supreme Court was longer, with an average of 7.6 months.<\/p>\n<p>It is important to note that in complex commercial disputes, the case processing time may significantly exceed the average.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>With some exceptions, oral hearings are open to the public. The public is entitled to access court records, records of judicial mediation, judicial rulings, and statements of costs in most cases, as well as the parties&#8217; written closing statements. However, pleadings and written evidence submitted to the court during the preparatory phase are generally not accessible to the public, but may be accessed by members of the public who have a justified legal interest.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Monetary claims are subject to a three-year limitation period. The same limitation period applies whether the claim is based on contract or tort. The starting point differs between claims with and without contractual basis, and the limitation period may, subject to specific conditions, in both cases be extended to a theoretical maximum of 13 and 20 years respectively.<\/p>\n<p>In general, civil proceedings are not subject to procedural limitation rules, but there are certain statutory exceptions, notably for e.g. tax claims, patent ownership claims, employee dismissal validity claims, eviction claims, and claims regarding the validity of a decision by the shareholders&#8217; meeting in limited liability companies. Legal action relating to such claims must generally be brought within a few months.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to the Dispute Act, the claimant has a duty to give the defendant a written notice containing information about the claim and the grounds for the claim before bringing an action. The notice shall invite the opposite party to respond to the claim and the grounds for the claim. The one who receives the notice shall respond within a reasonable time. The response shall specify whether the claim is contested in full or in part, and the grounds upon which it is contested. Although there are no formal sanctions for failing to notify or respond, it may influence the court&#8217;s decision on whether to award compensation for legal costs, for example, when the defendant promptly accepts the claim after legal proceedings are instigated.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>An action is brought by submission of a writ of summons to the court presenting key factual and legal aspects of the case. \u00a0The courts ensure that the writ of summons is served on defendants domiciled in Norway. If the defendant is neither a Norwegian resident, nor represented by a Norwegian lawyer, the writ of summons must be served under applicable international conventions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Professional parties tend to agree on the legal venue as part of their contract, and jurisdiction clauses are accepted under Norwegian law. In absence of an agreement on jurisdiction, the competent court is usually the court in whose jurisdiction the defendant is domiciled. To some extent and in certain cases, however, the claimant may choose the venue.<\/p>\n<p>Norway is a signatory to the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. Therefore, jurisdiction is determined according to the provisions outlined in the convention, if applicable. In cases where the convention does not apply, international matters can only be brought before the Norwegian courts if there is a significant connection between the facts of the case and Norway.<\/p>\n<p>If the court&#8217;s jurisdiction is disputed, the court will decide on its jurisdiction based on the evidence and arguments presented by the parties. This decision is typically decided based on written submissions, but a separate oral hearing may be held if deemed necessary.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Professional parties tend to agree on the governing law as part of the contract, and the Norwegian courts recognise the parties&#8217; choice of law repeatedly and consistently. Although not implemented and formally binding in Norway, the Supreme Court has in recent years been more inclined to align Norwegian private international law with specific rules laid down in the EU Rome I and Rome II regulations. Examples are torts\/delicts, contracts relating to immovable property and contracts of carriage. In addition, certain specific conflict of law rules have been codified in Norway by implementation of international conventions and EU\/EEA legislative acts, notably with regard to the sale of goods and insurance contracts.<\/p>\n<p>If the applicable law is disputed, the court will decide on the choice of law based on evidence and arguments presented by the parties. If considered appropriate, an oral hearing may be held.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Ordinarily, the court decides on whether to dismiss a case based on the parties&#8217; written submissions only, for example if it is uncertain whether the procedural conditions are satisfied, if the claim has already been decided between the same parties, or lis pendens. In complex questions, however, the court regularly convenes the parties for oral arguments. Examples are jurisdictional issues in cross border cases or the scope of an arbitration clause.<\/p>\n<p>Furthermore, a simplified procedure is applicable for claims that are less than NOK 250,000 or when it is evident that the claim or objections to the claim cannot succeed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Monetary claims may be secured by arrest of assets, while claims for injunctive relief may be secured by a preliminary injunction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Following the plaintiff&#8217;s writ of summons and the defendant&#8217;s written reply, it is not generally obligatory to submit further documents and evidence. Evidence must, however, be submitted during the preparatory stage of the proceedings, and it is usual for the parties to submit further documents and evidence in the period of time prior to the main hearing. Such submissions may be made on the parties&#8217; own initiative, following a deadline set by the court, or a timetable agreed upon in a case management conference.<\/p>\n<p>The preparatory stage of the proceedings normally ends three weeks before the main hearing, while written closing statements, which are usually required, shall be submitted two weeks before the oral hearing. These deadlines may, however, vary as the courts see fit. Longer deadlines are particularly relevant in more complex, commercial disputes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The parties are under a duty to ensure that the factual basis of the case is correctly and completely elucidated, and are in principle obligated to disclose admissible documents of relevance to the dispute on their own initiative. Disclosure may also be prompted by a party&#8217;s request for access to evidence. If the request for access to evidence concerns relevant admissible evidence and is sufficiently specified, and not disproportionate, the other party is required to grant access.<\/p>\n<p>The required specification, scoping, relevance and proportionality of requests for access to evidence imply that the Anglo-American concept of &#8216;discovery&#8217; has no parallel under Norwegian procedural law.<\/p>\n<p>Some evidence is inadmissible because of its contents or nature. An important example is correspondence and oral information that is subject to attorney-client privilege, which cannot be disclosed without the client&#8217;s consent. As another example, a party may refuse to disclose business or trade secrets orally or in documents. The court may, however, order the commercially sensitive information to be disclosed if it is contended to be sufficiently important to the matter at hand. A party requested to disclose such information may, on the other hand, move for such evidence only to be presented without public access and subject to confidentiality.<\/p>\n<p>If a request for access to evidence is disputed, the court will decide on whether the request must be complied with based on the parties&#8217; arguments, usually in writing but sometimes orally in a hearing. The court will then either issue an order for access to evidence, or dismiss the request. Such decisions may be appealed with delaying effect. The obligation to grant access is not sanctioned by fines or other formal penalties, but failure to comply with a court may be sanctioned with an adverse judgement in absentia on the merits.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In proceedings before district courts and the courts of appeal, witness evidence is ordinarily given orally during the main hearing, without previous submissions of written witness statements. Written statements are allowed, but only if the other party consents or is given the opportunity to cross-examine the witness during the main hearing. Written statements are rarely used in ordinary courts, but are more frequently utilized in arbitrations.<\/p>\n<p>Witnesses are generally not allowed to attend the main hearing prior to giving their testimony. The counsel summoning the witness usually examines the witness before the opposing counsel is given the opportunity to cross-examine. Cross-examination is not subject to specific rules. However, different from the common law tradition, the courts will generally strike down or disregard leading questions. In addition to the parties, the judges sometimes intervene with follow-up questions to the witness, and often examine the witness themselves towards the end of the testimony.<\/p>\n<p>Witnesses normally give their testimony in person during the main hearing. If accepted by the court, witnesses may also give their testimony by video or phone during the main hearing. Pre-hearing depositions are subject to strict requirements, and are rarely used.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence is permitted and frequently used in complex or technical disputes. Expert witnesses may be appointed by the court, but are regularly called by each of the parties on their own initiative. The expert witness usually produces a report based on a mandate defined by the court or the instructing party, and the report is then submitted as evidence.<\/p>\n<p>During the oral hearing, the expert witness is, as a general rule, subject to the same rules on examination and cross-examination by the parties and the court. A notable difference is, however, that the expert witness is permitted to attend the hearing in its entirety and may ask questions to parties or witnesses during their testimonies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Court decisions, interim and other, can generally be appealed. District court rulings may be appealed to a court of appeal, and the Supreme Court is the appellate court for court of appeal rulings. Appeals to the Supreme Court require leave, and the conditions for granting leave is that the case is of great importance or general legal interest. Leave is also required for appeals to the courts of appeal if the case concerns small value claims. Furthermore, the court may, as a matter of exception, refuse to hear an appeal if it is clearly most likely that it cannot succeed.<\/p>\n<p>The appellant must, usually within one month of service of the lower court&#8217;s ruling, submit a written notice of appeal, describing the alleged errors in the appealed ruling. The courts will ex officio review that appeal to ensure that it meets the formal requirements, but they do not examine the substantive grounds for appeal, except for the limited screening to determine whether it is clearly most likely that the appeal cannot succeed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A judgement against a Norwegian party passed by the courts of a foreign state, may be recognized and enforced in Norway if this follows from Norwegian law or agreement with the foreign state in question, or the jurisdiction of the foreign court has been specifically agreed between the parties in the particular case.<\/p>\n<p>Norway is a party to e.g. the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, and to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgements rendered by the courts of the United Kingdom are recognised and enforced in Norway pursuant to a bilateral agreement.<\/p>\n<p>Generally, in order for a judgment to be enforceable, it must be final and include an order to pay or render something, or to take, refrain from or tolerate certain actions. A judgment will only be recognised or enforced if it is enforceable in and pursuant to the laws of the country in which it has been passed, and the recognition and enforcement of the judgment is not considered to be in conflict with ordre public.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main rule is that a party who is successful in \u00a0an action is entitled to full compensation for his\/hers necessary legal costs from the opposite party. An action is considered successful if the court either finds in favour of the party in whole or in main, or the opponent\u2019s claim is rejected or dismissed. Whether an action is considered successful in whole or in main will ultimately be subject to the court&#8217;s discretion.<\/p>\n<p>Additionally, the courts have the authority to assess the necessity of the successful \u00a0party&#8217;s legal costs and determine if they qualify for compensation. Legal cost statements are submitted to the court at the end of the main hearing (or in the last written pleading if the dispute is decided without an oral hearing). The court is required to examine the amount of the cost claims regardless of whether the parties object to their opponent&#8217;s statement, and the court may adjust the parties&#8217; claims for legal costs downward without further notice.<\/p>\n<p>From July 1, 2023, a new rule came into effect stating that if a party&#8217;s claim for legal costs clearly exceeds what appears to be necessary in the case, the court shall, in its decision, inform the party of the option to request that the court determine the attorney&#8217;s fees.<\/p>\n<p>Legal costs rulings are handed down separately by each court adjudicating the underlying dispute. The ruling may be appealed, either as part of an appeal on the merits or separately.<\/p>\n<p>The extent to which the courts actively review legal costs varies. However, the courts have assumed a somewhat more assertive role in the last couple of years, due to a noticeable increase in cost levels.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions are permitted if several legal persons have claims or obligations based on the same or substantially similar factual and legal grounds. Additionally, \u00a0it must be possible for the court to handle the claims with the same composition and primarily according to the same procedural rules. Furthermore, class action must be the best method for handling the claims, and it must be possible to appoint a representative for the class.<\/p>\n<p>Class actions may be opt-in or opt-out. Opt-in class actions include all legal persons who have claims within the scope of the class action, and are registered as class members. The opt-out class actions, on the other hand, include all who have not actively opted out. These actions are available if the individual claims concern such small values or interests that a significant majority of them cannot be expected to be pursued through individual lawsuits, and it is not anticipated that the individual claims will raise questions requiring individual treatment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Two sets of proceedings may be consolidated for joint hearing and joint ruling if the cases raise similar issues. It is a prerequisite that the cases can be heard by a court\u00a0 with the same composition and principally pursuant to the same procedural rules.<\/p>\n<p>In order for third parties to join or be joined as a party to ongoing proceedings, two fundamental requirements must be met. Firstly, the Norwegian courts must have jurisdiction over the matter, and secondly, the claims must be capable of being heard by the court with the same composition and in accordance with principally the same procedural rules. In addition, if a third party wants to join the ongoing proceedings, the third party must intend to submit an independent prayer for relief concerning the subject matter of the dispute, or to submit a claim that is so closely connected to the original claim that it ought to be heard in the same proceedings. If instead one of the parties wants to bring a claim against a third party into the ongoing proceedings, either the court or both parties must consent. The court will consent if the claims are so closely connected that they should be heard in the same proceedings, and the joining does not considerably delay or complicate the proceedings.<\/p>\n<p>Instead of joining the third party in the ongoing proceedings, a party may issue a third party notice. The notice interrupts the limitation period for the notified claim, and may secure time to assess whether the claim should be pursued based on the outcome of the ongoing proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Litigation funding is allowed and not formally restricted in Norway. A third party funder cannot be held responsible for legal costs, unless the third party is found liable according to ordinary tort law. Since litigation funding in reality only exceptionally would be available for manifestly unfounded, harassing lawsuits, such third party liability for legal costs is impractical. We note that in opt-out class actions, a third party litigation funder will not be awarded any legal costs before the class members have received their compensation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are currently no COVID-19 related restrictions impacting litigation in Norway. During the pandemic, quite a few oral hearings were postponed, but generally Norwegian courts quickly adapted to the situation and made wider use of digital tools, remote video hearings and witness testimonies than before.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main advantage of litigating international commercial disputes in Norway is that cases are processed within a comparatively reasonable time. Further, court cases in Norway are to a greater extent controlled by the parties, particularly in larger commercial cases. This may give predictability and an opportunity to adapt the proceedings to the individual case.<\/p>\n<p>As for the main disadvantage, main hearings in Norway are characterised by being lengthy. Since the judgment may only be based on the evidence which has been presented directly to the court, any evidence and arguments previously submitted in pleadings must, in addition to witness testimony, be presented orally during the main hearing. However, it shall be noted that the Dispute Act was amended in 2023, inter alia in order to mitigate the tendency of civil cases being too lengthy. It has now been codified that the courts are responsible for ensuring that key issues and evidence of the case are identified during the preparatory phase of the case. Hopefully this will lead to the parties&#8217; argumentation and summaries of evidence being more &#8216;to the point&#8217;.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Due to the rapid pace of digital transformation, we expect that technology and the digital sector will be a growth areas for commercial disputes in Norway, including intellectual property disputes, data privacy issues, and cybersecurity breaches. We also expect to see climate litigation disputes in one way or another. In addition, we see that ESG and compliance adds to the focus areas of both public and private limited companies, and expect this to lead to an increase in lawsuits against both directors and executive personnel.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Technology will most likely have a significant impact on commercial litigation in Norway in the next five years. The use of legal AI tools, including tools for case management, document review, transcriptions and predictive analytics, is rapidly increasing, both by lawyers and the courts. These technologies can automate some of the tasks in litigation, making the process more efficient and save costs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4163<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/107150","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=107150"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}