Answer ... Yes, a foreign judgment being recognised in Norway means that its effect is extended to Norway and that the Norwegian courts, in a new action in which the court is required to consider the claim in order to rule on the case, shall apply the result without any re-trial of the relevant issues. In the event of a new action between the same parties where the claim has been ruled on, the Norwegian court shall reject the action (provided that the plaintiff has no legal interest in such a new action due to disputing the judgment’s binding effect).
The enforcement of foreign judgments means that the Norwegian authorities will force the debtor to fulfil the judgment in accordance with applicable Norwegian rules for enforcement. In this respect, recognition happens automatically by virtue of fulfilment of the conditions for recognition, while enforcement requires an application to the courts.
Answer ... In order to enforce a foreign judgment or award, the creditor must apply for enforcement before the district court (instead of the enforcement authorities). The legal venue is determined by the domicile of the debtor or where its assets are.
The court gives notice to the debtor after a preliminary assessment of the legitimacy of the application, with a two-week deadline for commenting on matters of importance for enforcement of the claim. Once this period has expired, the court may decide whether to allow the application and send it to the enforcement authorities or to disallow it. If allowed, the enforcement authorities will then decide when to search for assets and enforce the judgment or award pursuant to the application.
Answer ... Foreign judgments or awards must be made available either in the original or in a duly certified copy; if not rendered in Norwegian, Swedish or Danish, the creditor must also provide a translation of the award into one of these languages. However, arbitral awards rendered in English need not be translated and the courts will often make the same exception for judgments rendered in English. The courts may do the same for judgments or awards rendered in other languages, provided that all parties understand the relevant language. See also Articles 30, 50 and 53 of the Lugano Convention, requiring an Appendix V attestation from the foreign court in support of the application.
Answer ... For a petition for an execution lien, there is a court fee of NOK 1,955 (all fees are subject to an annual adjustment). Additional fees will be incurred for additional enforcement steps, as follows:
- For an enforcement and temporary injunction order requesting enforcement (1.1 R), the fee is NOK 1,265 (even if the request is later withdrawn or rejected);
- For an enforcement and temporary injunction order requesting disbursement, also from other countries (1.7 R), the fee is NOK 1,955;
- For a complaint to the district court about a compensation order (1 R), the fee is NOK 1,150; and
- For a seizure and temporary injunction order (2.5 R), the fee is NOK 2,875.
If the court decides on other types of enforcement, another fee will apply.
Answer ... If the defendant objects to enforcement, the court may decide that it is subject to the applicant providing security (before deciding on next steps).
Answer ... Normally, it takes two to three months from when the request is sent to the court until the enforcement procedure is brought to an end by establishing security in the defendant’s assets. The timeframe for subsequent foreclosure will depend on the kinds of assets involved, as the further procedures differ. If there are substantive objections to the validity of the award, our experience is that the first phase is extended to about six months.
Answer ... Yes, the applicant may seek injunctive relief pursuant to the Dispute Act while the enforcement process is ongoing, as long as there is a basis for such a security. In short, the debtor’s conduct must give grounds to fear that enforcement of the claim would otherwise be evaded or considerably impeded, or would have to take place outside of Norway; or that injunctive relief is otherwise necessary to avoid considerable loss.