International Commercial Arbitration


Companies involved in commercial legal disputes they are unable to resolve on their own, and where arbitration is the agreed dispute resolution method, require assistance from litigation lawyers with specialised arbitration expertise who are familiar with the applicable arbitration rules. This is necessary to ensure the best possible outcome through the arbitral 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, the 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 14 May 2004 (the “Arbitration Act”). This allows Norwegian ordinary courts to provide necessary assistance during the arbitral process, make decisions on interim measures and arrest in legal matters subject to arbitration, and set aside a final arbitral award in cases of invalidity.

Our Services

Assessment of the dispute and analysis of the likely outcome of the arbitration using Wiersholm’s well-developed methods for Effective Dispute Resolution.
Assistance relating to the establishment of an arbitral panel with the appropriate expertise and experience in the relevant area of law and industry.
Facilitate attempts to resolve the dispute through negotiations, either via assisted negotiations (mediation) or directly between the parties.
Assistance during the process leading up to the final arbitral award, including any need for interim measures (temporary injunction or arrest) by order of the arbitral tribunal or the ordinary courts.
Assistance relating to the recognition and enforcement of the final arbitral award in the relevant jurisdiction.

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