Title
Copyright
Table of Contents
Foreword
Chapter 1 What is arbitration?
1. 1.1 Introduction
2. 1.2 Characteristic features of arbitration
3. 1.3 Domestic arbitration and international arbitration
4. 1.4 Ad Hoc arbitration and institutional arbitration
Chapter 2 A brief history of arbitration in Norway
Chapter 3 Characteristics of arbitration in Norway today
1. 3.1 Norway as an arbitration venue
2. 3.2 The use of arbitration in Norway today
Chapter 4 The legal sources
1. 4.1 The Arbitration Act
2. 4.2 Legislative history and older law
3. 4.3 Case law and arbitration practice
4. 4.4 Legal doctrine
5. 4.5 Foreign and international sources
6. 4.6 Arbitration practice as a legal source for substantive law
Chapter 5 Advantages and disadvantages of arbitration
1. 5.1 Which disputes should be resolved by arbitration?
2. 5.2 The ability to choose who will decide the dispute—(legal) expertise
3. 5.3 Time
4. 5.4 Costs
5. 5.5 Flexibility
6. 5.6 Confidentiality and public access
7. 5.7 Relationship between the parties
8. 5.8 Advantage in international disputes
9. 5.9 Desire for a correct result
Chapter 6 Which disputes can be resolved by arbitration?
1. 6.1 Introduction
2. 6.2 The decision must be entrusted to a third party
3. 6.3 The decision must have final and binding effect on the parties
4. 6.4 Arbitration can only be used to decide legal disputes
5. 6.5 Arbitration can only apply to disputes in a specific legal relationship
6. 6.6 Arbitration can only apply to disputes in a specific legal relationship where the parties have free disposal
7. 6.7 Limitations on the ability to agree to arbitration in consumer and labour relations
Chapter 7 The arbitration agreement
1. 7.1 Scope of this chapter
2. 7.2 When is arbitration agreed?
3. 7.3 What is covered by the arbitration agreement?
4. 7.4 Who is covered by the arbitration agreement?
Chapter 8 The role of the ordinary courts
1. 8.1 The deadline for claiming dismissal from the ordinary courts
2. 8.2 The arbitral tribunal’s competence
3. 8.3 The ordinary courts’ other tasks in an arbitration process
Chapter 9 Appointment of arbitrators
1. 9.1 Appointment procedure
2. 9.2 Deadlines
3. 9.3 Communication between a party-appointed arbitrator and a party regarding the choice of the chairperson of the tribunal
4. 9.4 Fewer or more than three arbitrators
5. 9.5 Assistance from the courts
6. 9.6 The Arbitration Act ensures that an arbitral tribunal will be appointed
7. 9.7 Who can sit as arbitrators?
8. 9.8 Processing of an objection against an already appointed arbitrator
Chapter 10 The arbitral tribunal’s management of the case
1. 10.1 Starting points
2. 10.2 Equal treatment
3. 10.3 The right to present one’s case
4. 10.4 The Adversarial principle
5. 10.5 Appropriateness principle
6. 10.6 The request for arbitration—and its relationship to the statute of limitations
7. 10.7 Place and language of arbitration
8. 10.8 Statement of claim and statement of defence
9. 10.9 Further exchange of written submissions
10. 10.10 Claims, relief sought and basis for claims
11. 10.11 Oral or written proceedings
12. 10.12 Evidence
13. 10.13 Witnesses
14. 10.14 Party-appointed experts
15. 10.15 Experts appointed by the arbitral tribunal
16. 10.16 Assistance from the ordinary courts
Chapter 11 The tribunal’s decision
1. 11.1 Content of the arbitration decision
2. 11.2 The arbitral tribunal’s fees and expenses
3. 11.3 Allocation of legal costs between the parties
4. 11.4 Correction, supplementary awards and statements of interpretation
5. 11.5 Settlement of matters in dispute
6. 11.6 Recognition and enforcement of arbitral awards
Chapter 12 Review of arbitral awards. Invalidity
1. 12.1 An arbitral award cannot be challenged by ordinary legal remedies
2. 12.2 Relative grounds for invalidity
3. 12.3 Absolute grounds for invalidity
4. 12.4 Scope of the invalidity
5. 12.5 Handling of invalidity
Chapter 13 Drafting arbitration clauses
The Arbitration Act
Case law
1. Supreme Court rulings
2. Arbitration decisions
Literature
1. In English
2. In the Scandinavian languages