International Commercial Arbitration
Companies involved in commercial legal disputes that cannot be resolved internally, and where arbitration has been agreed upon as the resolution method, require guidance from litigation lawyers with specialised arbitration expertise and familiarity with the applicable arbitration rules. This ensures the best possible outcome through the arbitration award if an acceptable out-of-court solution cannot be reached.
Wiersholm’s international commercial arbitration department offers both expertise and extensive experience in handling ad-hoc arbitration and proceedings under ICC, SCC, LCIA, OCC, FAI, DIA, and NOMA rules.
With globalisation and the rise of international trade between parties from different countries, international commercial arbitration has become a preferred dispute resolution mechanism. A key historical reason for this trend is that an arbitral award is often the only basis for enforcement under the New York Convention. Beyond the potential for “global” enforcement, international commercial arbitration is attractive because it ensures confidentiality, allows for specialised expertise among arbitrators, provides a more efficient process, and results in a final, non-appealable award.
Through an arbitration agreement, parties waive their right to have their legal dispute decided by ordinary courts. However, the agreed seat of arbitration determines which country’s legal system and arbitration law apply. If Norway is the chosen seat, the arbitration is governed by the Norwegian Arbitration Act of May 14, 2004 (the “Arbitration Act”). This allows Norwegian ordinary courts to provide necessary assistance during the arbitration process, make decisions on temporary security and arrest in legal matters subject to arbitration, and set aside a final arbitral award in cases of invalidity.
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