{"id":143494,"date":"2026-07-10T11:10:31","date_gmt":"2026-07-10T11:10:31","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=143494"},"modified":"2026-07-10T11:10:31","modified_gmt":"2026-07-10T11:10:31","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-143494","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\">Wiersholm<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/06\/Wiersholm-logo.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Wiersholm<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/06\/Wiersholm-logo.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>The main method of resolving disputes in Norway is through ordinary courts, arbitration or mediation. While arbitration is increasingly used, ordinary courts continue to hold a strong position and remain the most common forum for dispute resolution. In 2025, a total of 13,664 cases were brought before the district court, a total of 1,736 cases were brought before the court of appeal, and a total of 45 civil cases were heard before the Supreme Court.<\/p>\n<p>As to arbitration, most Norwegian arbitrations are conducted on an ad hoc basis, although institutional arbitration is becoming more common. The main Norwegian arbitration institution is the Oslo Chamber of Commerce, but international institutions such as the Nordic Offshore and Maritime Arbitration Association, International Chamber of Commerce and Stockholm Chamber of Commerce are also frequently used.<\/p>\n<p>In Norway there has been an increasing focus on mediation, including out-of-court mediation, court-led mediation and project-integrated mediation (PRIME). The courts have placed greater emphasis on court-led mediation, both in terms of conducting mediations and strengthening the competence of court mediators. Since a legislative amendment in 2023, the courts may require parties to participate in mediation, although in practice they are reluctant to do so where mediation is clearly unsuitable. In 2025, court-led mediation was conducted in 2,478 district court cases, of which 1,887 were settled, corresponding to a settlement rate of approximately 76%.<\/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>Civil litigation in Norway is primarily governed by the Norwegian Dispute Act, which is rooted in the civil law tradition, with important adversarial features. In practice, this means that the parties are responsible for presenting their case, identifying the relevant issues, and ensuring that the matter is sufficiently clarified through the evidence they choose to rely on. The parties also have a duty to disclose information and evidence that may be relevant to the dispute.<\/p>\n<p>Norwegian civil procedure is also characterised by the principle of party autonomy. Within the limits of applicable law, the parties largely define the scope of the proceedings, including the claims, factual grounds, and evidence to be considered by the court. The court will normally decide the case on the basis of the issues and material presented by the parties.<\/p>\n<p>Another central feature is the principle of oral proceedings. As a main rule, evidence and legal argument must be presented orally before the court. This means that main hearings can be relatively time-consuming, with substantial time devoted to the presentation of documentary evidence and witness testimony.<\/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>Formally, most civil cases must first be brought before the conciliation board, which is composed of lay members in each municipality. However, most commercial disputes are exempt from mandatory conciliation board proceedings.<\/p>\n<p>In practice, most commercial disputes are initiated directly before ordinary courts. The Norwegian court system has three tiers: 28 district courts, with 59 court locations in total, six courts of appeal, and the Supreme Court as the final court of appeal.<\/p>\n<p>Norway also has mediation bodies with limited jurisdiction in civil cases, as well as specialised 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>The time from commencement of proceedings to trial in Norway varies depending on the court, the complexity of the case, and the parties\u2019 procedural conduct. According to 2025 figures, the average time from the filing of a civil claim to the main hearing before the district courts was approximately 5.3 months. For appeals, the average time from the filing of an appeal to the appeal hearing before the courts of appeal was approximately 4.8 months. Proceedings before the Supreme Court generally took longer, with an average processing time of approximately 6 months.<\/p>\n<p>The averages do generally not apply for larger commercial disputes. In practice, it is not unusual for commercial disputes before the district courts to take approximately 12 to 18 months from commencement of proceedings to the main hearing.<\/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>As a general rule, hearings in Norway are held in public. The court may, however, order that a hearing be held wholly or partly behind closed doors and may impose confidentiality where the case involves inter alia trade secrets or other confidential information. The court may also exclude the public and restrict access where protected evidence is heard and confidentiality is imposed. Privacy is another important ground for restriction.<\/p>\n<p>Public access to court documents is more limited and more structured than the rule on public hearings. The public is entitled to access court records, judicial mediation protocols, court decisions, statements of costs and the parties&#8217; written closing statement. However, pleadings and written evidence submitted to the court during the preparatory phase are generally not accessible to the public but can be accessed by people with justified legal interest. The parties may, however, at their discretion, share case documents with third parties, unless the documents are subject to a statutory duty of confidentiality.<\/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>The ordinary limitation period for monetary claims is three years, irrespective of whether the claim arises in contract or in tort. The point from which the limitation period runs will, however, depend on the legal basis of the claim. Where the claimant was unaware of the claim or the identity of the debtor, a supplementary limitation period may apply, expiring one year after the date on which the claimant obtained, or ought to have obtained, such knowledge.<\/p>\n<p>Subject to the applicable statutory conditions, the limitation period may in such circumstances be extended up to an absolute long-stop period of 13 years for contractual claims and 20 years for non-contractual claims.<\/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>Before proceedings are commenced for the ordinary courts, the Dispute Act requires the prospective claimant to notify the defendant in writing of the claim and the factual and legal basis on which it is advanced. The notice must give the defendant an opportunity to respond. The recipient is expected to reply within a reasonable time, stating whether the claim is accepted or disputed, in whole or in part, and, if disputed, the reasons for that position. Non-compliance does not in itself attract formal procedural sanctions for either party, but it may be relevant to the court\u2019s assessment of costs, for instance where a defendant accepts the claim shortly after proceedings have been issued.<\/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>Proceedings are commenced either by a complaint to the conciliation board or by filing a writ of summons with the court, setting out the principal factual and legal grounds for the claim.<\/p>\n<p>For defendants domiciled in Norway, the court is responsible for service. If the defendant is not domiciled in Norway and is not represented by Norwegian counsel, service must be effected in accordance with the applicable international conventions. Where a party is represented by Norwegian counsel, service and subsequent case communications will normally take place through &#8216;Akt\u00f8rportalen&#8217;, the courts\u2019 digital portal for filings, service and communication between the court and the parties\u2019 legal representatives.<\/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>The court shall itself determine whether it has jurisdiction over a claim. If jurisdiction is challenged, the court will determine jurisdiction based on the parties&#8217; submissions and the evidence before it. The court will normally decide jurisdiction based on written submissions but may also convene a separate oral hearing on the matter if it considers this necessary.<\/p>\n<p>Jurisdiction in disputes between professional parties is usually determined as a part of their contract. If not agreed upon, the competent court is usually the court in whose jurisdiction the defendant is domiciled. To some extent and in certain cases, the claimant may choose the venue.<\/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>If the applicable law is disputed, the court will determine the choice-of-law issue based on the parties&#8217; submissions and the evidence before it. If necessary, the issue may be addressed at an oral hearing.<\/p>\n<p>Professional parties often agree on choice-of-law in their contract, which generally will be recognised by the court. In the absence of such a clause, the applicable law is determined under Norwegian private international law. According to Supreme Court case law, where no statute, custom or other settled choice-of-law rule applies, the governing law is, in principle, the law of the country with which the matter is most closely connected or where it most naturally belongs. However, Norwegian law has developed more specific rules in certain areas, and the Supreme Court has also looked to European Union (EU) choice-of-law solutions \u2014 in particular Rome I and Rome II \u2014 as persuasive guidance, although those instruments do not generally apply in Norway as such.<\/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>Claims may be dismissed without a full trial if the procedural conditions are not satisfied, for example due to a lack of legal interest or sufficient actuality, or if the claim has already been decided between the parties.<\/p>\n<p>Another example is the simplified judgment procedure, which may be used where it is obvious that the claim cannot succeed or that the objections are wholly untenable. This procedure is reserved for clearly unsustainable claims and discrete issues such as limitation. A claim may also be disposed of by default judgment if a party fails to take the required procedural step after the applicable sequence of deadlines, or where no valid statement of defence is filed by a lawful representative after service and the other statutory conditions for default judgment are met.<\/p>\n<p>Ordinarily, the court decides the question of dismissal based on written submissions, but may, in more complex matters, convene an oral hearing.<\/p>\n<p>The Dispute Act also permits simplified treatment of claims under the small claims procedure, including for claims below NOK 250,000, which aims to conclude the case by judgment within four months after the writ of summons was filed.<\/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>The main interim remedies available under Norwegian civil procedure are arrest and preliminary injunctions. Arrest is used to secure monetary claims, whereas preliminary injunctions are used to secure claims for relief other than payment of money.<\/p>\n<p>Arrest may be granted where the applicant has a monetary claim and there are grounds for security; both the claim and the security ground must be made probable.<\/p>\n<p>A preliminary injunction may be used to order the respondent to do, refrain from doing, or tolerate a specific act, or to remove property from the respondent\u2019s possession and place it in custody or administration. As a main rule, the claim to be protected and the ground for protection must be made probable, although an injunction may in some cases be granted even if the underlying claim has not been made probable where there is danger in delay.<\/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>After the writ of summons and the statement of defence have been filed, there are, in principle, no further mandatory documents that must be submitted. In practice, however, written closing statements summarising the parties&#8217; factual and legal arguments, filed two weeks before the oral main hearing, are generally treated as mandatory.<\/p>\n<p>In addition, at the end of the main hearing, the parties must submit statements of costs, specifying the legal fees and other costs they seek to recover from the opposing party.<\/p>\n<p>The ordinary timetable is that the defendant is given three weeks to file its statement of defence after service of the writ of summons, and the court will often allow shorter extensions. During the preparatory stage, the court may set further deadlines, with or without preclusive effect, depending on what it considers necessary for the preparation of the case. The parties must submit the evidence on which they intend to rely before the close of the preparatory stage. Under the Dispute Act, that stage normally closes three weeks before the main hearing, although the court may set a different deadline.<\/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 have a general duty to contribute to the proper and complete clarification of the factual basis of the case, leaning on an access to evidence principle rather than general disclosure. This means that the parties must, as a starting point, disclose documents that are relevant to the dispute on their own initiative.<\/p>\n<p>A party may also request access to evidence from the opposing party. Where such a request concerns relevant and admissible evidence, is sufficiently specific and is not disproportionate, the opposing party must in principle provide access.<\/p>\n<p>The main exceptions concern evidence inadmissible because of their content or nature. Communications and documents entrusted to lawyers are protected by legal privilege, unless the person entitled to confidentiality consents. Business or trade secrets may also be withheld. However, the court may order disclosure of commercially sensitive information if it considers the evidence sufficiently important to the case. In that event, the party asked to disclose the information may request that it be presented without public access and subject to confidentiality.<\/p>\n<p>If a request for access to evidence is contested, the court will decide whether access must be granted based on the parties\u2019 submissions, usually in writing but, where appropriate, after an oral hearing. The court may either order access to the evidence or reject the request.<\/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 the district courts, witness evidence is ordinarily given orally during the main hearing, without prior submission of written witness statements. If permitted by the court, witness testimony may also be given by video link or telephone. \u00a0The parties are generally only required to provide a brief indication of what the witness will address and why the witness is relevant prior to its statement.<\/p>\n<p>The same has traditionally applied in the courts of appeal, although in effect from 1 July 2025 the Dispute Act has been amended to allow regulations providing that existing recordings from the district court shall be played in the courts of appeal, except where considerations of proper case management indicate otherwise. This practice has previously only been used in certain courts of appeal.<\/p>\n<p>Written witness statements are permitted, but only where both parties consent or where the opposing party is given the opportunity to cross-examine the witness during the main hearing.<\/p>\n<p>Witnesses are generally not permitted to attend the main hearing before giving their testimony, unless they are a party representative who will also give evidence. Counsel for the party calling the witness usually examines the witness before opposing counsel is given the opportunity to cross-examine. Cross-examination is not subject to specific procedural rules. The courts will generally disallow or disregard leading questions, but this is based on the court&#8217;s discretion. In addition to questioning by the parties, 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>US-style depositions are not permitted. The closest equivalent is the taking of evidence in advance, which may be used in special circumstances, for example where there is a risk that the witness may be unable to testify in court due to serious illness.<\/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. Because the court has an independent duty to ensure that the case is properly elucidated, it may call expert witnesses on its own motion. However, in commercial disputes, expert witnesses are normally called by each of the parties on their own initiative. The expert usually produces a report based on a mandate defined by the instructing party (or by the court, if court-appointed), which is then submitted as evidence. In such cases, the law requires the expert also to testify in order to allow cross-examination by the other party. The expert witness is also permitted to attend the hearing in its entirety and may ask questions to the parties or witnesses during their testimony.<\/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, whether final or interim, are generally subject to appeal. Decisions of the district courts may be appealed to a court of appeal, while decisions of the courts of appeal may be appealed to the Supreme Court. Appeals to the Supreme Court are subject to leave, which may be granted where the case raises issues of significant importance or general legal interest. In 2025, 12.2% of appeals to the Supreme Court in civil cases were admitted to the Supreme Court.<\/p>\n<p>Leave is also required for appeals to the courts of appeal in small-value cases. In addition, by way of exception, an appellate court may refuse to hear an appeal if it is clearly most likely that the appeal will not succeed.<\/p>\n<p>As a general rule, an appeal must be filed within one month of service of the lower court\u2019s decision. As most commercial disputes are handled in &#8216;Akt\u00f8rportalen&#8217;, the courts\u2019 digital portal, most appeals are submitted in the existing case room administered by the lower court that issued the decision under appeal. After the respondent\u2019s reply to the appeal has been received, the appeal and the reply are generally forwarded to the appellate court.<\/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>As a starting point, foreign judgments are not directly enforceable in Norway unless there is a basis in statute or in an international agreement. In civil and commercial matters, the main instrument is the Lugano Convention, which is incorporated into Norwegian law. Under the Lugano regime, a judgment from one convention state is recognised in Norway through a brief written recognition procedure. Once recognised, the judgment has the same substantive effect in Norway as it has in the state in which it was rendered.<\/p>\n<p>As for judgments from countries that are not a party to the Lugano Convention, they are not recognised unless Norway has a treaty with that country regarding recognition. Norway has not entered into many such treaties. Norway is a party to the New York Convention 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. Thus, both domestic and foreign arbitration awards are recognised and enforceable in Norway in the same way as other final judgments from the ordinary Norwegian courts. Judgements rendered by the courts of the United Kingdom are recognised and enforced in Norway pursuant to a bilateral agreement.<\/p>\n<p>A foreign judgment will be recognised or enforced only if it is enforceable under the law of the country in which it was rendered, and provided that recognition or enforcement would not be contrary to <em>ordre public<\/em>.<\/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 basic rule under Norwegian civil procedure is that the costs of litigation can be recovered from the other side. The starting point is that a party who fully wins the case is entitled to full compensation for its legal costs from the losing party. A party is regarded as having won the case if it has obtained full or substantially full success.<\/p>\n<p>Even where a party has not fully won, the court may still award costs in its favour if there were weighty reasons for bringing the proceedings, for example where the case turned on doubtful factual or legal issues or where the losing party can be reproached for the dispute. The court may also depart from the main rule and refuse costs, in whole or in part, where weighty reasons make it reasonable to do so.<\/p>\n<p>Where neither party has fully won, the court can still award costs to one party if there are weighty reasons for it, taking into account the extent of success, the proportion in which each party prevailed, and how much extra cost specific issues caused.<\/p>\n<p>The amount recoverable is limited to costs that were necessary. The court must review the amount claimed, regardless of whether the opposing party objects, and may reduce a party\u2019s claim for legal costs without giving separate prior notice. In recent years, the courts have taken an active role in this assessment, reflecting a noticeable increase in cost levels.<\/p>\n<p>Each court adjudicating the underlying dispute issues a separate ruling on legal costs. That ruling may be appealed either as part of an appeal on the merits or by way of a separate appeal.<\/p>\n<p>In addition, if a party&#8217;s claim for legal costs clearly exceeds what the court finds necessary, the court shall inform the party in its decision of the option to request that the court determine the attorney&#8217;s fees. If the party makes such a request, a separate written procedure will take place in which the court may determine the attorney&#8217;s fees. If the court reduces the cost, the decision will in practice give rise to a repayment claim from the party against the attorney.<\/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 subject to court approval on either an opt-in or opt-out basis. Class proceedings may be brought where several persons or entities have claims or obligations arising from the same or substantially similar factual and legal grounds. The claims must be capable of being heard by a court with the same composition and essentially under the same procedural rules. Class proceedings must also be the most appropriate method of handling the claims, and it must be possible to appoint a class representative.<\/p>\n<p>If the court approves the class action, it will define the scope of the claims covered by the proceedings. In opt-in proceedings, the court sets a deadline by which claimants may register as class members. Opt-out proceedings are available only where the individual claims concern such limited values or interests that a significant majority of them cannot be expected to be pursued through individual proceedings, and where the claims are not expected to raise issues requiring individual assessment.<\/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 pending sets of proceedings may be consolidated for joint hearing and determination if the cases raise similar issues and can be heard by the court with the same composition and principally under the same procedural rules. Consolidation is discretionary: no party has a right to consolidation, and the court will weigh considerations of procedural economy and efficient case management. Even where cases are consolidated, they remain procedurally independent, and their value is assessed separately for each action<\/p>\n<p>As regards third parties, Norwegian law distinguishes between a third party entering an existing case as a party and an existing party bringing a claim against a third party into the pending case. For third-party intervention, the claim must fall within Norwegian jurisdiction and be capable of being heard by the court with the same composition and principally under the same procedural rules.<\/p>\n<p>If an existing party wishes to bring a claim against a third party into the ongoing proceedings, the requirements for subjective joinder must be satisfied. That means, in substance, that the claim must fall within Norwegian jurisdiction, be capable of being heard by the court with the same composition and principally under the same procedural rules, and either no party must object or the claims must be so closely connected that they ought to be heard together. The court may nevertheless refuse the joinder if it would materially delay or complicate the proceedings.<\/p>\n<p>As an alternative to joinder, a party may issue a third-party notice interrupting the limitation period for the claim, giving the party time to assess whether it will pursue its claim against the third party 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>Third party funding is not formally restricted and thus allowed in Norway. Third party funders cannot be held directly liable for legal costs incurred by the opposing party, unless its funding supports a manifestly unfounded lawsuit.<\/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 is that proceedings before the Norwegian courts are generally conducted within a reasonable timeframe compared with many other jurisdictions, and that the Norwegian judiciary is, overall, of a high standard.<\/p>\n<p>The main disadvantage is that commercial litigation in Norway in particular tends to be very time-consuming, as evidence is presented according to the principle of oral proceedings, often involving an unnecessary degree of reading aloud from the underlying documentary evidence. Judges also tend to be generalists, although there is now increasing focus on ensuring that the larger courts establish specialist divisions with particular expertise in major commercial cases. In addition, Norwegian proceedings tend to be back-loaded in terms of case preparation. Commercial cases are often not fully prepared until shortly before the main hearing. We would prefer a more front-loaded process, with stricter requirements for clarifying the issues at an earlier stage of the 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\">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>Over the next five years, we expect commercial disputes in Norway to be driven by several developments. Continued digitalisation is likely to generate more disputes relating to IT projects, intellectual property, data protection, cyber incidents, and technology-related contractual issues.<\/p>\n<p>We also expect ESG, compliance, and climate-related matters to become more prominent. As regulatory expectations and stakeholder scrutiny increase, companies may face more disputes concerning disclosure obligations, corporate governance, supply chain responsibility, and potential liability for directors, board members, and senior management.<\/p>\n<p>Post-M&amp;A disputes are also likely to increase, partly due to the growing use of warranty and indemnity insurance in transactions. By reducing the financial and procedural risk for the parties involved, W&amp;I insurance may make it more attractive to pursue claims after completion.<\/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>AI tools are expected to have an impact on the work of both litigators and judges in Norway, particularly in relation to document review, evidence management, and more standardised court processes\/writs. Used appropriately, AI may allow legal professionals to spend less time on repetitive tasks and more time on complex legal analysis, case strategy, and the key issues in dispute. This should contribute to more efficient dispute resolution, with potential benefits for clients in terms of both time and cost.<\/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\">4754<\/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\/143494","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=143494"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}