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Results: 4 Answers
Enforcement of Foreign Judgments
2.
Requirements for enforceability
2.1
What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?
 
Norway
In the absence of any applicable statutes or agreements between Norway and the relevant foreign state, enforcement of foreign judgments is subject to the judgment being rendered by a court agreed upon by the parties (see Section 4-6 of the Dispute Act, requiring a written jurisdiction clause insofar as it expands or narrows the Norwegian court’s jurisdiction, and requiring agreements with consumers to be entered into after the dispute has occurred in order to be binding). In practice, the same applies to the recognition and enforcement of foreign awards, recognising that the jurisdiction of arbitration panels is also subject to the parties having agreed upon it in the arbitration agreement.

In Norway, a ‘judgment’ is deemed to be any decision made by a court of justice, regardless of what the decision is named (typically deciding (some of) the material claims brought before the court and/or the legal costs). In-court settlements and settlements affirmed in an arbitral award have the same effect as judgments or arbitral awards, and accordingly are also capable of being recognised and enforced in Norway insofar as they are final and enforceable in the relevant foreign state.

The rules in the Dispute Act concern “civil claims” (private law claims) having been decided by way of a foreign judgment, not public claims (eg, taxes and fees). The latter are not subject to recognition and enforcement in Norway.

For more information about this answer please contact: Tage Brigt A. Skoghøy from Simonsen Vogt Wiig Advokatfirma
2.2
Must a foreign judgment be final and binding before it can be enforced?
 
Norway
The judgment or award must be enforceable in its country of origin in order to be enforceable in Norway. It depends on the rules of the country of origin whether this requires that judgment be final and binding.

For more information about this answer please contact: Tage Brigt A. Skoghøy from Simonsen Vogt Wiig Advokatfirma
2.3
Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?
 
Norway
The judgment or award must be enforceable in its country of origin in order to be enforceable in Norway. It depends on the rules of the country of origin whether the judgment is enforceable despite being subject to appeal.

For more information about this answer please contact: Tage Brigt A. Skoghøy from Simonsen Vogt Wiig Advokatfirma
2.4
What is the limitation period for making an application for recognition and enforcement?
 
Norway
There is no such limitation period under Norwegian law. However, if an application is not sent within one year after it was possible to do so, the application is subject to prior notice giving the debtor at least two weeks to respond.

For more information about this answer please contact: Tage Brigt A. Skoghøy from Simonsen Vogt Wiig Advokatfirma