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( Source of the document: ICC Digital Library )
A. The Contracting State and the New York Convention
1. Name of Contracting State (also specify jurisdiction(s), if relevant)
2. Date of entry into force of the New York Convention
12 June 1961.
3. Has any reservation been made under Art. I(3) of the New York Convention regarding:
Yes. However, the Norwegian Arbitration Law has waived the requirement of reciprocity by submitting all awards to the same recognition and enforcement regime, irrespective of the country of origin.
(Source: Arbitration Law, § 45.)
(b) commercial relationships?
No. However, Norway made a reservation against the application of the New York Convention to disputes concerning immovable property located in Norway and rights to or in such property.
4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?
Arbitral awards rendered in Norway are deemed to be Norwegian awards irrespective of the international character of the dispute. However, Norwegian and foreign awards are subject to the same regime for recognition and enforcement.
(Source: Arbitration Law, §§ 1 and 45.)
B. National sources of law
5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?
(i) Arbitration Law of 14 May 2004 No. 25; (ii) Enforcement Law of 26 June1992 No. 86. In the event of discrepancy, the Arbitration Law prevails. The Arbitration Law is based on the UNCITRAL Model Law on International Commercial Arbitration.
C. Limitation periods (time limits)
(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?
There is no specific limitation period applicable to recognition and enforcement for foreign awards under Norwegian law. However, the limitation period applicable to enforcement of judicial decisions under Norwegian law also applies to foreign arbitral awards.
(b) If yes, what is the applicable limitation period (time limit) and when does it start running?
The general limitation period for foreign arbitral awards (as for judicial decisions) is 10 years from the date when the award was rendered.
(Source: Limitation Law of 18 May1979 No. 18, §§ 15 and 21-2.)
D. National courts and court proceedings
7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?
Court of first instance (Tingrett). If the court finds that there is a basis for seeking enforcement in Norway, it transmits the file to the enforcement court (Namsrett) for execution.
The court that has jurisdiction is the court at the place where the respondent is domiciled or where the respondent's assets against which execution is sought are located.
(Sources: Arbitration Law, § 47; Enforcement Law, §§ 7-3, 8-3, 9-3, 10-3, 13-3.)
8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of the respondent in the jurisdiction, etc.)?
The respondent must have its domicile or assets in the territory of the competent court for the latter to accept jurisdiction over the recognition and enforcement of a foreign award.
(Sources: Arbitration Law, § 47, Enforcement Law, §§ 7-3, 8-3, 9-3, 10-3, 13-3.)
9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?
The first decision is rendered by the court of first instance and concerns the transmission of the enforcement proceeding to the enforcement court. This decision is made inter partes, unless the court finds that notification to the respondent would have a material adverse effect upon enforcement.
(Source: Enforcement Law, §§ 7-6, 8-4, 9-5.)
(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?
(b) How many levels of appeal or recourse are available against this decision?
Two or three: (i) the enforcement court's decision may be challenged in the court of first instance; (ii) then an appeal against the court of first instance's decision may be brought in the court of appeal (Lagmannsrett); and (iii) lastly an action against the court of appeal's decision may be brought in the Supreme Court under certain conditions.
(Sources: Enforcement Law, §§ 5-16, 2-12, Civil Procedure Law.)
11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?
After the court of first instance has transmitted the file to the enforcement court.
(Source: Enforcement Law, §§ 7-3, 7-6.)
E. Evidence required
(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?
The applicant must supply the court with the original arbitral award or a certified copy thereof.
The court may require the applicant to provide documentation proving that there is an arbitration agreement between the parties (the arbitration agreement need not be in writing) or another basis for arbitration.
(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?
The entire award must be provided. There is no statutory requirement to provide the entire contract or document, if any, containing the arbitration agreement. However, this may be required by the court (see answer to Q.12(a) above).
(c) Are originals or duly certified copies required?
(i) An original or a certified copy of the award is required. (ii) If a written arbitration agreement exists and is filed by the applicant or requested by the court, the original or a certified copy of such arbitration agreement must be provided.
(d) How many originals or duly certified copies are required?
As a general rule, one original or one certified copy.
(e) Does the authority or court keep the originals that are filed?
As a general rule, the court keeps the documents, including the originals, that are filed.
(a) Is it necessary to provide a translation of the documents supplied?
If the documents are in Norwegian, Danish, Swedish or English, no translation is required.
(b) If yes, into what language?
Into Norwegian, Danish, Swedish or English.
(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?
The translation must be done by a State-approved translator.
(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?
The entire award must be translated. There is no specific rule regarding the translation of the arbitration agreement (if any).
F. Stay of enforcement
(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?
(Source: Arbitration Law, § 47.)
(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?
There are no other grounds on which the recognition and enforcement of foreign awards may be stayed. Execution against the respondent's assets may be stayed at the request of the applicant or, under certain conditions, if the respondent is experiencing financial difficulties.
(Source: Enforcement Law, §§ 5-11, 5-12.)
(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?
Upon the applicant's request, the court has discretion to make the stay of proceedings conditional upon the provision of security.
(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?
Not all documents form part of the public record. However, specific information regarding, notably, the names of the parties, the basis for enforcement, the submissions by the parties and the outcome of the proceedings are registered and available to anyone whose rights are affected.
(Sources: Enforcement Law, §§ 5-19, 6-1; Civil Procedure Law of 17 June 2005 No. 90, Chapters 13 and 14 (in force as of 1 Jan. 2008).)
(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?
As a general rule, hearings on recognition and enforcement are public. However, in certain circumstances, the court has the discretion to order that hearings or the proceedings shall be closed to the public and kept confidential.
(Sources: Judicial Courts Law of 13 Aug. 1915 No. 5, §§ 124-128; Civil Procedure Law, Chapter 14.)
(c) Are judgments published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?
Final court decisions on recognition and enforcement are published. In certain circumstances, the court has discretion to restrict publication of the decisions (for reasons of national security or if there is a risk that the information could be used unlawfully).
(Source: Civil Procedure Law of 17 June 2005 No. 90, Chapter 14 (in force as of 1 Jan. 2008).)
H. Other issues
16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?
An award may be enforced only when it is final and binding between the parties. Separate questions may be decided in separate awards, and these separate awards are enforceable so long as they are final and binding.
(Sources: Enforcement Law, § 4-17; Arbitration Law, § 33.)
17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?
As a general rule, it is possible to obtain recognition and enforcement of awards granting non-monetary relief.
18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?
There is no specific rule regarding the possibility for the applicant to request recognition and enforcement of only part of the relief granted in a foreign award. However, there are probably no obstacles to making such a request. If there are grounds for refusing recognition and enforcement of an award and these grounds affect only parts of the award, the remaining parts can be recognized and enforced by the competent court.
(Source: Arbitration Law, § 46.)
19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?
As a general rule, awards that have been set aside by the foreign competent authority may not be recognized or enforced in Norway.
(Source: Arbitration Law, § 46.)
20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?
Registration duties are relatively low and fixed by law (as an absolute number, not a percentage of the amount of the claim).
(Source: Registration Duties Law of 17 Dec. 1982 No. 86.)
Giuditta Cordero Moss