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Results: 4 Answers
Enforcement of Foreign Judgments
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
 
Norway
Foreign judgment or awards will not be recognised in Norway if they are contrary to Norwegian mandatory laws or offensive to the Norwegian legal system (ordre public). In addition, certain grounds for challenging arbitral awards specifically have been established by law as follows:

  • One of the parties to the arbitration agreement lacks legal capacity; or the arbitration agreement is invalid under the laws to which the parties have agreed to subject it or, failing such agreement, under the law of the jurisdiction in which the arbitral award was made;
  • The party against which the arbitral award is being invoked was not given sufficient notice of the appointment of an arbitrator or of the arbitration, or was not given an opportunity to present its views on the case;
  • The arbitral award falls outside the scope of the jurisdiction of the arbitral tribunal;
  • The composition of the arbitral tribunal was incorrect;
  • The arbitral procedure was contrary to the law of the place of arbitration or the agreement of the parties, and it is obvious that this may have impacted on the decision; or
  • The arbitral award is not yet binding on the parties or has been set aside, permanently or temporarily, by a court at the place of arbitration, or by a court in the jurisdiction whose laws were applied in determining the subject matter in dispute.

The courts shall, of their own accord, refuse recognition and enforcement of an arbitral award if:

  • the dispute would not have been capable of being determined by arbitration under Norwegian law; or
  • recognition or enforcement of the arbitral award would be contrary to public policy (ordre public).

If a legal action to set aside an arbitral award has been brought before a court, the court may postpone the ruling on recognition and enforcement if it deems such postponement to be appropriate. The court may in such case, at the request of the party demanding recognition or enforcement, order the opposite party to provide security.

For more information about this answer please contact: Tage Brigt A. Skoghøy from Simonsen Vogt Wiig Advokatfirma
4.2
What is the limitation period for filing a challenge?
 
Norway
The deadline for filing a challenge is the two-week deadline mentioned in question 3.2. However, the decisions of the courts or enforcement authorities may also subsequently be appealed.

For more information about this answer please contact: Tage Brigt A. Skoghøy from Simonsen Vogt Wiig Advokatfirma
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
 
Norway
No, it is not possible to seek injunctive relief against court decisions.

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