Dispute resolution and litigation

Mediation is an important form of dispute resolution that has been established with mediation lawyers outside of court and conciliation boards in the courts along with Mediation Court and Court of Appeal. In our society a number of private and public committees for dispute resolution of conflicts in specific areas have been established. Examples of conflict resolving bodies of this nature include the Consumer Disputes Commission, the Norwegian Financial Services Complaints Board, the Industry and Trade Committee on Unfair Competition, and the Market Council. The parties may in each case agree that the dispute will be finally settled by someone other than the ordinary courts. This will usually involve private litigation or arbitration. An arbitral judgement will essentially have the same effects as an ordinary judgement.

Often it makes sense to agree in advance how any disputes that arise should be handled. In commercial contracts, it is common to include provisions on how disputes should be settled. This is especially important if the parties are domiciled in different countries. However, it is not always easy to assess how a dispute should be resolved and parties often do not have any definite opinion on this. Although the parties agree that the dispute should be subject to judicial proceedings, the parties can decide together which court should be appointed (known as agreed legal venue).

Our lawyers have extensive experience with various forms of dispute resolution and may assist with:
 

• Advice regarding the selection mechanism for dispute resolution
• Drafting the contract provisions on dispute resolution
• Assignment of mediator (mediation by lawyer)
• Assistance in the processing of cases subject to alternative dispute resolution, for example in connection with arbitration or by treatment of the case to an appeals
• Assistance in matters subject to arbitration
• Assistance in matters reviewed by the ordinary courts
   
  

It allows the parties themselves to decide how the matter should be processed and who should serve as arbitrators. This in turn provides scope for a flexible and expedient review of the matter and allows the parties to give the court a composition that is appropriate in terms of the expertise needed for the case in question. Frequently this approach enables parties to resolve disputes quickly and, generally, with final and binding effect, without the need to bring it before a higher court. The fact that arbitral decisions can normally not be appealed imposes considerable demands on the parties and their counsel with regard to ensuring that the case is illuminated as thoroughly as possible in the first hearing. Proceedings of this type are private, which enables the parties to obtain a decision without publicity.

An agreement for arbitration may be entered into when the dispute arises, or at an earlier date. It is common in commercial contracts to agree that any disputes between the parties will be settled by arbitration. This is especially important in international contracts. As a result of a convention Norway has acceded to, an arbitration judgement is recognized and enforced in most countries we have business relationship with. In addition, institutional arbitration may be agreed, which entails that the parties tie themselves to an arbitration institution with a set of regulations and a secretariat for processing arbitration cases, for example Oslo Chamber of Commerce or International Chamber of Commerce (ICC).

Our lawyers can advise and represent clients in connection with arbitration. Our services include:
 

• Advice on questions concerning the conclusion of arbitration agreements
• Advice concerning the choice of arbitral institution
• Drafting agreements on arbitration
• Functioning as arbitrators
• Engagement as counsel in matters subject to arbitration, nationally or internationally
• Assistance in connection with the enforcement of arbitral judgements

In addition, Norway has specialist courts such as the National Insurance Court and the Land Consolidation Court. Special forms of legal procedure also apply in specific types of case, for example cases involving the temporary securing of claims (arrest and temporary injunctions), class actions (actions brought by or against a group on the basis of common facts and legal grounds), enforcement actions and appraisement cases.

Bull & Co have lawyers with extensive litigation experience who undertake assignments as counsel before all courts and in most cases, including:
 

• Assistance in connection with proceedings before conciliation boards
• Appearing as council the district court, courts of appeal and Supreme Court
• Appearing as counsel in class actions
• Assistance in connection with depositions and securing evidence outside legal proceedings
• Assistance in cases concerning arrest and temporary injunctions
• Assistance in connection with the enforcement and enforcement* of claims
• Assistance in cases concerning land consolidation and boundaries
• Appraisement cases