Lex Mundi Global Arbitration Institutions Guide |
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Norway |
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(Europe)
Firm
Advokatfirmaet Thommessen AS
Contributors
Eirik Raanes |
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| Name of Arbitral Institution; with abbreviation, if any. | The Arbitration and Dispute Resolution Institute of Oslo Chamber of Commerce ("OCC"). |
| Where is the seat of the Arbitral Institution? | Oslo, Norway |
| Is there an umbrella organization for the Arbitral Institution? | Oslo Chamber of Commerce |
| How is the Arbitral Institution structured? | Board of Directors, Secretariat |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No compulsory list, but a list of potential candidates is available. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | Yes, the place of arbitration may be freely agreed by the parties. In the absence of such agreement, the tribunal decides the place of arbitration. |
| What is the amount of the registration fee? | From NOK 10 000 to NOK 70 000 depending on the amount in dispute: https://en.chamber.no/tjenester/tvistelosning/administrasjonsgebyrer/ |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Please find fee schedule here: https://www.chamber.no/wp-content/uploads/2015/07/10343936_3_Remuneration-Schedule-2017.pdf |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Please find fee schedule here: https://www.chamber.no/wp-content/uploads/2015/07/10343936_3_Remuneration-Schedule-2017.pdf |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Please find fee schedule here: https://www.chamber.no/wp-content/uploads/2015/07/10343936_3_Remuneration-Schedule-2017.pdf |
| Who pays advances on costs? What happens in the event of default? | The tribunal may require the parties to post security for costs. In event of default the proceedings may be terminated. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | No. |
| Which languages can be used for communication with the Arbitral Institution? | Norwegian and English |
| Who is the main point of contact for the parties within the Arbitral Institution? | The Secretariat |
| Are there restrictions on the language that the arbitration may be conducted in? | No, the parties may agree, and in absence of agreement the tribunal decides. |
| Who appoints substitute arbitrators? | The Institute may on its own initiative, or at the request of a party, replace an arbitrator who is not held to be impartial, independent or qualified or who has mismanaged the functions as arbitrator. If an arbitrator resigns and a substitute arbitrator who can serve as an arbitrator has not been appointed, another arbitrator shall be appointed by the Institute unless the arbitrator was initially appointed by one of the parties. In such instances, the party in question shall appoint a new arbitrator within 30 days, unless the Institute, in special circumstances, finds, that the arbitrator shall be appointed by the Institute. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | No. |
| Are oral hearings compulsory? | An oral hearing shall be conducted unless the arbitral tribunal considers it unnecessary and it has not been requested by any of the parties. |
| What are common evidence-taking practices? | The parties are responsible for clarifying the factual basis for the matter and shall be entitled to submit such evidence as they wish. The arbitral tribunal can require that a party specifies the factual circumstances that the evidence is meant to support. |
| What is the average duration of arbitration proceedings? | Data not available. |
| What is the timeframe for rendering the award? | To the extent possible, the award by the arbitral tribunal shall be notified to the parties not later than six weeks after the closing of the oral hearing, and not later than one year after the case was referred to the arbitral tribunal. |
| Are extensions to time limits permissible? | Yes. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | The arbitral tribunal may, at the request of a party, order any party to take such interim and conservatory measures as the arbitral tribunal considers necessary based on the subject matter of the dispute. |
| Do the institutional rules provide for an emergency arbitrator? | No. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | The parties may agree that disputes shall be settled by Fast-Track Arbitration. The ordinary Arbitration Rules apply with certain amendments. To the extent possible, the parties shall be notified of the arbitration award not later than four weeks after the closing of the arbitral proceedings, and not later than six months after the case was referred to the arbitral tribunal. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | No. |
| Do costs necessarily follow the event? | Yes, the parties will be liable for the costs of the proceedings. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes, in principle in accordance with the denial of enforcement in the New York Convention. |
| Link to institutional rules | https://www.chamber.no/wp-content/uploads/2015/07/Rules-2017-Arbitration-English.pdf |
| Link to model clause |
Lex Mundi Global Arbitration Institutions Guide
The Arbitration and Dispute Resolution Institute of Oslo Chamber of Commerce ("OCC").
Oslo, Norway
Oslo Chamber of Commerce
Board of Directors, Secretariat
No compulsory list, but a list of potential candidates is available.
Yes, the place of arbitration may be freely agreed by the parties. In the absence of such agreement, the tribunal decides the place of arbitration.
From NOK 10 000 to NOK 70 000 depending on the amount in dispute: https://en.chamber.no/tjenester/tvistelosning/administrasjonsgebyrer/
Please find fee schedule here:
https://www.chamber.no/wp-content/uploads/2015/07/10343936_3_Remuneration-Schedule-2017.pdf
Please find fee schedule here:
https://www.chamber.no/wp-content/uploads/2015/07/10343936_3_Remuneration-Schedule-2017.pdf
Please find fee schedule here:
https://www.chamber.no/wp-content/uploads/2015/07/10343936_3_Remuneration-Schedule-2017.pdf
The tribunal may require the parties to post security for costs. In event of default the proceedings may be terminated.
No.
Norwegian and English
The Secretariat
No, the parties may agree, and in absence of agreement the tribunal decides.
The Institute may on its own initiative, or at the request of a party, replace an arbitrator who is not held to be impartial, independent or qualified or who has mismanaged the functions as arbitrator. If an arbitrator resigns and a substitute arbitrator who can serve as an arbitrator has not been appointed, another arbitrator shall be appointed by the Institute unless the arbitrator was initially appointed by one of the parties. In such instances, the party in question shall appoint a new arbitrator within 30 days, unless the Institute, in special circumstances, finds, that the arbitrator shall be appointed by the Institute.
No.
An oral hearing shall be conducted unless the arbitral tribunal considers it unnecessary and it has not been requested by any of the parties.
The parties are responsible for clarifying the factual basis for the matter and shall be entitled to submit such evidence as they wish. The arbitral tribunal can require that a party specifies the factual circumstances that the evidence is meant to support.
Data not available.
To the extent possible, the award by the arbitral tribunal shall be notified to the parties not later than six weeks after the closing of the oral hearing, and not later than one year after the case was referred to the arbitral tribunal.
Yes.
The arbitral tribunal may, at the request of a party, order any party to take such interim and conservatory measures as the arbitral tribunal considers necessary based on the subject matter of the dispute.
No.
The parties may agree that disputes shall be settled by Fast-Track Arbitration. The ordinary Arbitration Rules apply with certain amendments. To the extent possible, the parties shall be notified of the arbitration award not later than four weeks after the closing of the arbitral proceedings, and not later than six months after the case was referred to the arbitral tribunal.
No.
Yes, the parties will be liable for the costs of the proceedings.
Yes, in principle in accordance with the denial of enforcement in the New York Convention.