Section 1.Scope of the Act

This Act applies to arbitration pursuant to agreement or statute irrespective of whether the parties are Norwegian or foreign. It only applies to arbitration that takes place in Norway unless otherwise provided by subsections 2 to 4.

The provisions of sections 7 and 8 apply also if the place of arbitration is abroad or has yet to be decided.

Even if the place of arbitration has not been decided, the courts may make decisions that fall within their jurisdiction pursuant to sections 13, 15 and 16, cf. section 6, provided that at least one of the parties has his place of business or habitual residence in Norway.

Chapter 10 also applies to foreign awards.

Section 2.Derogation from the provisions in the Act

The parties may contract out of the provisions of this Act by agreement to the extent specified in each section.

Section 3.Receipt of written communication

Unless otherwise agreed between the parties, any written communication is deemed to have been received on the day it is delivered to the addressee personally or to the addressee's place of business, habitual residence or postal address. If none of these addresses can be found after making a reasonable inquiry, a written communication is deemed to have been received on the day it is sent to the addressee's last-known place of business, habitual residence or postal address. If the parties agree to use electronic communication, any written communication is deemed to have been received when it has been sent to the correct electronic address and the addressee has access to it.

This section does not apply to proceedings before the ordinary courts of justice.

Section 4.Waiver of right to object

A party who is aware that the arbitral proceedings do not comply with any non-mandatory provision of this Act or any provision of the arbitration agreement, must raise an objection to such non-compliance within the prescribed time-limit or, if no such time-limit has been prescribed, without undue delay. If he fails to do so, he shall be deemed to have waived his right to object.

Section 5.Confidentiality and public access

The arbitral proceedings and the award are not deemed to be confidential unless otherwise agreed between the parties for each arbitration.

Third parties may only attend hearings if and to the extent agreed between the parties.

Section 6.Role of the courts

The courts have jurisdiction over the deliberation and resolution of disputes subject to arbitration only to the extent provided by this Act.

If the courts have jurisdiction pursuant to this Act, the court before which the dispute could have been brought in the absence of an arbitration agreement shall have jurisdiction. The Oslo City Court shall have jurisdiction if no court has jurisdiction pursuant to the provision of the first sentence. The first court to become involved with the case shall deal with any subsequent petitions submitted to the courts in respect of the same arbitration. Securing of evidence may also take place before a different court.

Unless otherwise provided by this Act, the provisions of the Act relating to the resolution of disputes^​1 shall apply to any involvement of the courts with the case. Proceedings before the courts shall normally be in writing. An oral hearing shall be held if required to ensure sound and fair legal proceedings. An oral hearing may be limited to specific issues. An action to set aside an award pursuant to Chapter 9 shall be dealt with pursuant to the general provisions of the Act relating to the resolution of disputes.

Section 7.Institution of legal proceedings before the courts

The courts shall dismiss an action that is the subject of arbitration if a party so requests no later than in his first submission on the merits of the dispute. The court shall hear the case if it finds that an arbitration agreement is null and void or that the agreement for other reasons cannot be performed.

If arbitration has been initiated pursuant to section 23 when legal proceedings before the courts are instituted, the case shall only be heard if the court finds it obvious that the arbitration agreement is null and void or that the case for other reasons cannot be dealt with by arbitration.

Notwithstanding that legal proceedings are pending before the court, the arbitral tribunal may commence or continue the arbitral proceedings and make an award.

Section 8.Provisional security

The courts may make an order for provisional security pursuant to Chapters 32 to 34 of the Act relating to the resolution of disputes even if a dispute is subject to arbitration.

Section 9.Scope of the arbitration

Disputes concerning legal relationships in respect of which the parties have an unrestricted right of disposition may be determined by arbitration.

The private law effects of competition law may be tried by arbitration.

Section 10.The arbitration agreement

The parties may agree to submit to arbitration disputes that have arisen and all or certain disputes that may arise between them in respect of a defined legal relationship.

Unless otherwise agreed between the parties in the arbitration agreement, the arbitration agreement shall be deemed to be assigned together with any assignment of the legal relationship to which the arbitration agreement relates.

Section 11.Consumer protection

An arbitration agreement shall not be binding on a consumer if entered into before the dispute arose.

An arbitration agreement to which a consumer is a party shall be made in a separate document and shall be signed by both parties. The agreement may be concluded electronically if an adequate method to authenticate the conclusion of the agreement and to safeguard the contents of the agreement is used.

A consumer who enters into proceedings before the arbitral tribunal without being made aware of the implications of an award in terms of the right of recourse and that the arbitration agreement is not binding on him pursuant to the provisions of subsections 1 and 2 can plead that the arbitration agreement is null and void irrespective of the time-limit in section 18 subsection 3.

Section 12.Number of arbitrators

The parties are free to determine the number of arbitrators. Failing such determination, the number of arbitrators shall be three.

Section 13.Appointment of arbitrators

The arbitrators shall be impartial and independent of the parties and shall be qualified for the office.

The parties shall if possible appoint the arbitrators jointly.

If the arbitral tribunal is to comprise three arbitrators and the parties fail to agree on its composition, each party shall appoint one arbitrator. The time-limit for making the appointment shall be one month after the party received the request to appoint an arbitrator. The two arbitrators thus appointed shall within one month jointly appoint the third arbitrator who shall act as chairman of the arbitral tribunal.

If the arbitral tribunal cannot be established pursuant to the agreement or subsections 2 or 3, each of the parties may ask the court to appoint the remaining arbitrator or arbitrators. Such appointment shall not be subject to any appeal.

The parties may contract out of the provisions of subsections 1, 2 and 3.

Section 14.Grounds for challenge of arbitrators

When a person is approached in connection with his possible appointment as an arbitrator, he shall of his own accord disclose any circumstances likely to give rise to justifiable doubts about his impartiality or independence. From the time of his appointment and throughout the arbitral proceedings, an arbitrator shall immediately disclose any new such circumstances to the parties.

An arbitrator may only be challenged if there are circumstances that give rise to justifiable doubts about his impartiality or independence or if he does not possess the qualifications agreed on by the parties. A party may challenge an arbitrator in whose appointment he has participated only for reasons of which he became aware after the appointment was made.

Section 15.Challenge procedure

Unless the parties have agreed to a different procedure, a challenge of an arbitrator shall state the reasons for the challenge and shall be submitted in writing to the arbitral tribunal within fifteen days after the party became aware of the appointment of the arbitrator and the circumstances on which the challenge is based. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

If a challenge is unsuccessful and the parties have not agreed to a different procedure, the challenging party may bring the issue before the courts within one month after he received notice of the decision rejecting the challenge. The court shall determine the issue by way of interlocutory order. The interlocutory order shall not be subject to appeal. The challenge may not subsequently be invoked as grounds for invalidity or an objection to recognition and enforcement of the award. While such issue is pending before the courts, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.

Section 16.Failure by an arbitrator to perform his functions

If an arbitrator becomes de jure or de facto unable to perform his functions or if an arbitrator for other reasons fails to act without undue delay, his mandate shall terminate if he withdraws from his office or if the parties agree on the termination. Otherwise, any party may ask the courts to decide by way of interlocutory order whether the mandate shall terminate for one of the said reasons. The interlocutory order shall not be subject to appeal.

The withdrawal by an arbitrator from his office or an agreement between the parties to terminate the mandate pursuant to subsection 1 or section 15 subsection 1 shall not imply acceptance of the validity of any challenge pursuant to subsection 1 or section 14 subsection 2.

Section 17.Appointment of substitute arbitrator

Where the mandate of an arbitrator terminates pursuant to sections 15 or 16 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator to be replaced.

If a substitute arbitrator is appointed, all previous arbitral proceedings that form part of the basis for the ruling in the case shall be repeated.

The parties may contract out of the provisions of this section.

Section 18.Competence of the arbitral tribunal to rule on its jurisdiction

The arbitral tribunal rules on its own jurisdiction, including any objections to the existence or validity of the arbitration agreement.

For the purpose of rulings pursuant to subsection 1, an arbitration agreement which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not in itself entail that the arbitration agreement is null and void.

An objection that the arbitral tribunal does not have jurisdiction over the case or the claim shall be raised no later than the submission of the first statement of such party on the merits of the case. The arbitral tribunal may allow such an objection to be raised later if the party is not significantly to be reproached for not raising the objection earlier. A party is not precluded from raising such an objection by the fact that he has participated in the appointment of the arbitral tribunal.

The arbitral tribunal may rule on an objection to its jurisdiction either during the arbitral proceedings or in an award on the merits. If the arbitral tribunal rules during the arbitral proceedings that it has jurisdiction, any party may, within one month after he received notice of that ruling, bring the issue before the courts, which shall determine the issue by way of interlocutory order. While such issue is pending before the courts, the arbitral tribunal may continue the arbitral proceedings and make an award.

Section 19.The power of the arbitral tribunal to order interim measures

The arbitral tribunal may, at the request of a party, order any party to take such interim measures as the arbitral tribunal may consider necessary based on the subject matter of the dispute. As a condition for effecting and implementing the measure, the arbitral tribunal may order the applicant of the measure to provide security for any consequences thereof within a prescribed time-limit.

The arbitral tribunal may reduce or revoke an interim measure.

If it transpires that the claim to be secured by the interim measure did not exist when the interim measure was decided, the party who requested the measure shall indemnify other parties for the loss suffered by them as a result of the measure. The arbitral tribunal shall decide the claim for indemnification if requested to do so by a party.

The parties may contract out of the provisions of this section.

Section 20.Equal treatment of the parties

The parties shall be treated equally at all stages of the arbitral proceedings and each party shall be given a full opportunity to present his case.

Section 21.Procedural rules

The arbitral tribunal shall conduct the arbitration in such manner as it considers appropriate within the limits prescribed in the arbitration agreement and this Act. As soon as it is appointed, the tribunal or the chairman shall draw up a plan for the further conduct of the case following discussion with the parties, unless otherwise agreed.

Section 22.The place of arbitration

Failing agreement on the place of arbitration, the arbitral tribunal shall determine the place of arbitration having regard to the practical conduct of the case, including the prospects for the parties to participate in oral proceedings.

Notwithstanding the place of arbitration, the arbitral tribunal may, unless otherwise agreed between the parties, meet at any place it considers appropriate to deliberate among its members, to examine witnesses, experts or parties, or to inspect evidence.

Section 23.Commencement of arbitral proceedings

Unless otherwise agreed between the parties, the arbitral proceedings are deemed to commence on the date when the respondent received the request for the dispute to be referred to arbitration.

Section 24.Language of the arbitration

Failing agreement on the language of arbitration, the arbitral tribunal shall determine the language of the arbitration.

If the language of the arbitration is Norwegian, the proceedings may also be conducted in Swedish or Danish.

The language of the arbitration shall apply to any written statement by a party, any oral hearings and any ruling or other communication by the arbitral tribunal.

The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language agreed on by the parties or determined by the arbitral tribunal.

The parties may contract out of the provisions of subsections 2, 3 and 4.

Section 25.Particulars of claim and reply

The claimant shall submit particulars of claim to the arbitral tribunal within the time-limit agreed between the parties or determined by the arbitral tribunal. The particulars shall state the claim that is being made, a prayer for relief which states the outcome the claimant is requesting by way of award, the factual and legal grounds on which the claim is based and the evidence that will be presented.

The respondent shall submit a reply to the arbitral tribunal within the time-limit agreed between the parties or determined by the arbitral tribunal. The reply shall state whether the claim is accepted or contested and whether there are objections to the arbitral tribunal dealing with the case. The reply shall contain the respondent's prayer for relief which states the outcome the respondent is requesting by way of award, the factual and legal grounds on which the prayer for relief is based and the evidence that will be presented. If the respondent is also bringing a claim in respect of which he requests an award, the provisions on particulars of claim and reply shall apply to such claim.

The parties may contract out of the provisions in subsections 1 and 2 on the requirements of the particulars of claim and the reply.

Unless otherwise agreed between the parties, either party may bring new claims, broaden the prayer for relief in respect of existing claims, submit new grounds on which to base such prayer and present new evidence. At the request of a party, the arbitral tribunal may disallow the amendment if it finds that it should not be permitted out of regard for the progress of the case or other important consideration.

Section 26.Oral hearings and written proceedings

The arbitral tribunal shall decide whether to hold oral hearings or whether the case shall be decided on the basis of written proceedings. A party may request an oral hearing, which hearing shall then be held at an appropriate stage of the proceedings.

The arbitral tribunal shall give the parties reasonable advance notice of any oral hearing and of any meeting which the parties are entitled to attend.

All statements, documents and other information supplied to the arbitral tribunal by one party shall at the same time be communicated to the other parties. If the arbitral tribunal receives material directly from third parties, it shall immediately send copies to the parties.

The parties may contract out of the provisions of this section, except in consumer relations.

Section 27.Default of a party

The arbitral tribunal shall terminate the arbitral proceedings if the claimant fails without reasonable cause to submit particulars of claim in accordance with section 25 subsection 1.

The arbitral tribunal shall continue the proceedings if the respondent fails without reasonable cause to submit a reply in accordance with section 25 subsection 2. Such failure on the part of the respondent shall not be construed as an admission of the claims submitted by the claimant.

If a party fails without just cause to appear at an arbitral hearing or fails to submit documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the basis of the evidence before it.

The parties may contract out of the provisions of this section.

Section 28.Evidence

The parties are responsible for substantiating the case and are entitled to present such evidence as they wish.

The arbitral tribunal may disallow evidence that is obviously irrelevant to the determination of the case. The arbitral tribunal may limit the presentation of evidence if the extent of such presentation is unreasonably disproportionate to the importance of the dispute or the relevance of the evidence to the determination of the case.

The parties may contract out of the provisions of this section.

Section 29.Experts

The arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal. The arbitral tribunal may require the parties to provide the expert with relevant information and to produce or provide access to evidence.

If requested by a party or the arbitral tribunal, an expert who has submitted a written report is obliged to attend an oral hearing where the parties have the opportunity to put questions to him and to present expert witnesses to testify on the points at issue.

The provisions on challenge of arbitrators in sections 14 and 15 subsection 1 apply correspondingly to experts appointed by the arbitral tribunal as far as they are appropriate.

The parties may contract out of the provisions of this section.

Section 30.Court assistance in taking evidence

The arbitral tribunal or a party with the consent of the arbitral tribunal may ask the court to take testimony from parties and witnesses and take other evidence. The arbitral tribunal shall be given reasonable advance notice of the taking of evidence. The arbitrators are entitled to be present and to ask questions.

Unless otherwise agreed between the parties, an arbitral tribunal that is required to take a position on the interpretation of the EEA Agreement, including its protocols, annexes and the legislative acts with which such annexes are concerned, may, of its own accord or at the request of a party, ask the courts to submit the interpretation issue to the EFTA Court pursuant to the provisions of section 51 a of the Courts of Justice Act. The courts may seek an advisory opinion from the EFTA Court on the interpretation of the EEA Agreement.

Section 31.Application of law

The arbitral tribunal shall apply the rules of law chosen by the parties to apply to the substance of the dispute. Unless otherwise expressed, any designation of the law or legal system of a given State shall be construed as a reference to the substantive law of that State and not to its conflict of laws rules.

Failing any designation by the parties, the arbitral tribunal shall apply Norwegian conflict of laws rules.

The arbitral tribunal shall only decide ex aequo et bono or as amiable compositeur if the parties have expressly authorised it to do so.

When the arbitral tribunal rules on its own jurisdiction pursuant to section 18 subsection 1, the provisions of this section shall only apply to the extent that they are compatible with section 43 subsection 1 (a) and subsection 2.

Section 32.The arbitral tribunal's position with regard to the procedural steps of the parties. Assessment of evidence

The arbitral tribunal may only determine the claims that the parties have made in the case. The decision must fall within the scope of the parties' prayers for relief and the tribunal may only base its decision on the grounds for the prayers for relief that have been invoked.

The arbitral tribunal shall establish the facts on which the case shall be determined based on a free evaluation of the evidence that has been presented to it.

The parties may contract out of the provisions of this section.

Section 33.Splitting the hearing and the adjudication of the case

The arbitral tribunal may decide that the proceedings in respect of one or more of the claims in the case, or in respect of one or more of the issues in dispute, shall be heard separately.

The arbitral tribunal may decide separately on one or more of the claims in the case or on part of a claim separately.

The arbitral tribunal may only determine the grounds for a prayer for relief separately if such grounds lead to a determination of a claim.

The parties may contract out of the provisions of this section.

Section 34.Voting procedure

The decisions of the arbitral tribunal shall be made by a majority of all its members. If no majority is obtained, the chairman shall have a casting vote. If there is no majority for any outcome when a sum of money or other quantity is to be determined, the votes in favour of higher amounts or quantities shall be added to the votes in favour of the closest amounts or quantities until a majority is reached.

If a minority of the arbitrators refuses to take part in a vote, the remaining arbitrators may make the decision.

Questions of procedure may be decided by the chairman alone if so authorised by the parties or all members of the arbitral tribunal.

The parties may contract out of the provisions of this section.

Section 35.Settlement

If the parties settle the dispute, the arbitral tribunal shall, at the parties' request, record the settlement in an award on agreed terms unless it has reason to object.

An award on agreed terms shall have the same effect as any other award.

Section 36.The award

The award shall be made in writing and shall be signed by all arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of the members of the arbitral tribunal shall suffice provided that the reason for any omitted signature is stated in the award.

The award shall state the reasons on which it is based unless it is an award on agreed terms pursuant to section 35. The award shall state whether it is unanimous. If it is not unanimous, the award shall state who is in dissent and to which issues the dissent relates.

The award shall state its date and the place of arbitration pursuant to section 22 subsection 1. The award shall be deemed to have been made at that place.

The award shall be delivered to the parties.

The arbitral tribunal shall send one signed copy of the award to the local district court to be filed in the archives of the court.

The parties may contract out of the provisions of subsections 2 and 4.

Section 37.Termination of proceedings

The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal for the termination of the arbitral proceedings in accordance with subsections 2 to 4.

The arbitral tribunal shall issue an order for termination of the arbitral proceedings if the claimant withdraws his claim, unless the respondent objects to the termination and the arbitral tribunal finds that the respondent has a legitimate interest in an award being made.

The arbitral tribunal shall issue an order for termination of the arbitral proceedings if the parties agree on such termination.

The arbitral tribunal shall issue an order for termination of the arbitral proceedings if it finds that it has become unnecessary or impossible to continue the proceedings.

The mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings, subject to the provisions of sections 38 and 44 subsection 2.

Section 38.Rectification of the award. Supplementary award

Either party may within one month of receipt of the award request the arbitral tribunal to

The request shall be sent to the other parties at the same time. The arbitral tribunal shall allow the request if it is well founded. The arbitral tribunal shall rectify the award within one month of receipt of the request. A supplementary award shall be made within two months of receipt of the request.

The arbitral tribunal may rectify an error on its own initiative within one month of the making of the award. In that case, the parties shall be notified and given the opportunity to comment prior to the rectification.

The provisions of section 36 also apply to rectification of the award and to the making of a supplementary award.

The parties may contract out of the provisions of this section, except for the right to rectify errors in subsection 1 a).

Section 39.Costs of the arbitral tribunal

Unless otherwise agreed between the arbitral tribunal and the parties, the arbitral tribunal shall determine its own compensation and the settlement of its expenses. The determination of costs shall be included in the award or the order terminating the case. The amount falls due for payment one month after the award or order is made.

Unless otherwise agreed between the arbitral tribunal and the parties, the parties are jointly and severally liable for the costs of the arbitral tribunal.

The determination pursuant to subsection 1 shall become enforceable unless brought before the courts within one month after the party received the decision on costs. If pursuant to the provisions of section 38 an award is rectified or a request for rectification is made, or if a supplementary award or a request for a supplementary award is made, a new time-limit shall begin to run from the date when the party received the decision. The court shall determine the issue by way of interlocutory order. Any reduction of the costs of the arbitral tribunal shall also apply to the benefit of parties who did not bring the issue before the courts.

Section 40.Allocation of costs

The arbitral tribunal shall at the request of a party allocate the costs of the arbitral tribunal between the parties as it sees fit.

The arbitral tribunal may at the request of a party order another party to pay all or part of the costs of the first-mentioned party if it sees fit.

The allocation of costs by the arbitral tribunal shall be included in the award or in the order terminating the case. The allocation of costs by the arbitral tribunal is final.

The parties may contract out of the provisions of this section.

Section 41.Security for costs

The arbitral tribunal may order the parties to provide security for the costs of the arbitral tribunal unless otherwise agreed between the arbitral tribunal and the parties. The arbitral tribunal may terminate the arbitral proceedings in full or in part if such security is not provided.

If a party fails to provide security as ordered, the other party may provide the security in full or bring the dispute before the courts for their ruling unless otherwise agreed between the parties.

Section 42.Action to set aside the award

An award may only be set aside as invalid by the courts in an action pursuant to sections 43 and 44.

Section 43.Grounds for invalidity

An award may only be set aside by the courts if

When the issue of validity of an award has been brought before the courts, the court shall of its own accord set aside the award if

If the grounds for invalidity affect only part of the award, only such part shall be deemed to be invalid.

Section 44.Time-limit for bringing action. Conduct of the action

An action to set aside an award shall be brought within three months after the award was received by the party. If the arbitral tribunal rectifies the award or makes a supplementary award pursuant to section 38, the time-limit shall run from the date the award was rectified or the supplementary award was made. The same applies if the arbitral tribunal disallows a request to rectify an award or for a supplementary award pursuant to section 38.

If an action has been brought pursuant to subsection 1 and there are grounds for setting aside the award, the court may, at the request of a party, adjourn the action to set aside and refer the case back to the arbitral tribunal to continue the proceedings and make a new award if this may obviate the grounds for setting aside.

When an award is set aside, the arbitration agreement shall again become effective unless otherwise agreed between the parties or implied by the judgment setting the award aside.

Section 45.Recognition and enforcement

An arbitral award shall be recognised and enforceable pursuant to this provision and section 46 irrespective of the country in which it was made.

Recognition and enforcement of an award is dependent on a party providing the original award or a certified copy thereof. If the award is not made in Norwegian, Swedish, Danish or English, the party shall also provide a certified translation thereof. The court can require documentary proof of the existence of an agreement or other basis for arbitration.

Enforcement shall take place pursuant to the provisions of the Enforcement Act except as provided by this Chapter.

Section 46.Grounds for refusing recognition and enforcement

Recognition and enforcement of an arbitral award may only be refused if

The court shall of its own accord refuse recognition and enforcement an award if

If the reason for refusing recognition or enforcement affects only part of the award, the court shall only refuse recognition or enforcement of such part.

Section 47.Adjournment and provision of security

If an action to set aside an award has been brought before a court referred to in section 46 subsection 1 f), the court may, if it considers it proper, adjourn its ruling on recognition and enforcement. In that case the court may, at the request of the party asking for recognition or enforcement of the award, order the other party to provide security.

Section 48.Entry into force

This Act shall enter into force on the date determined by the King in Council.^​1

Section 49.Transitional provisions

This Act shall apply to any arbitration where the arbitral proceedings are opened after the Act enters into force, subject to the exceptions in subsections 2 to 5.

Section 10 subsection 2 and section 11 shall apply to any arbitration agreement made after this Act enters into force.

The provisions of sections 5 and 19 shall apply to any arbitration where the arbitration agreement was made after this Act enters into force.

Chapter 9 shall apply to any action to set aside an award that was made after this Act enters into force. Chapter 32 of the Civil Procedure Act^​1 shall apply to any action to set aside an award that was made before this Act enters into force.

Chapter 10 shall apply to any action for recognition and enforcement where the application for enforcement is submitted after this Act enters into force.

Section 50.Amendments to other statutes

Chapter 32 of the Civil Procedure Act shall be repealed from the date this Act enters into force.

From the same date, the following amendments in other statutes shall apply:

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