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