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Stockholm Arbitration Report (SAR) - (Individual Back Volumes)
Stockholm Arbitration Report (SAR) - (Individual Back Issue)
Preview Page SAR 2003 - 1
I. INTRODUCTION
By royal decree of 9 April 1999, a Committee was appointed to prepare
a draft version of a new Norwegian statute on civil procedure. The Dispute
Act of 1915 is the current main regulation, and Chapter 32 of this statute
regulates arbitration. The existing regulation on arbitration is quite brief and
has not been comprehensively revised since its entry into force in 1927. As
to the arbitration provision, the Committee considered a revision
particularly in light of the UNCITRAL Model Law on International
Commercial Arbitration (Model Law) becoming influential in a number of
jurisdictions. The Committee delivered two reports in late 2001, including a
separate report on arbitration. A white paper on arbitration is expected in
the Parliament in autumn 2003.
This presentation will give a brief overview of the Committee’s
proposed regulation regarding arbitration. Special attention will be given to
the question of whether an arbitration agreement shall be included in a
transfer of the legal relationship governed by the arbitration agreement. The
issue of confidentiality and public access to arbitral proceedings and arbitral
awards will also be discussed. The special provision on consumer
protection in section 2-3 will not be dealt with.
The article is mainly based on the report on arbitration from the
appointed Committee published in Norges offentlige utredninger (NOU)
2001: 33. This report also contains the draft statute on arbitration and a
summary in English. An important source of information for the
Committee regarding the preparation and content of the Model Law was
Peter Binder, International Commercial Arbitration in UNCITRAL Model
Law jurisdictions, London 2000. Binder’s book has also served as a
standard reference to the present article.
II. THE ARBITRATION ACT
II.1. General
In the Committee’s opinion, the arbitration act must fulfil two main
objectives. On the one hand, the act should promote efficient arbitral
proceedings. On the other hand, the act must safeguard the public interest
involved. The arbitral proceedings have to satisfy fundamental legal
principles, and awards must also to some extent be subject to judicial review
Table of Contents Page
I. INTRODUCTION
II. THE ARBITRATION ACT
II.1. General
II.2. Structure of the Arbitration Act
III. THE ARBITRATION AGREEMENT
III.1. Disputes subject to arbitration
III.2. Form of the arbitration agreement
IV. TRANSFER OF THE ARBITRATION AGREEMENT
V. THE ARBITRAL TRIBUNAL
V.1. Number and appointment of arbitrators
VI. THE JURISDICTION OF THE ARBITRAL TRIBUNAL
VII. CONDUCT OF ARBITRAL PROCEEDINGS
VIII. THE ARBITRAL AWARD
VIII.1. Rules applicable to the substance of the dispute
VIII.2. Voting procedure
VIII.3. Separate proceedings and determinations
IX. COSTS
X. RECOURSE AGAINST AN ARBITRAL AWARD
XI. RECOGNITION AND ENFORCEMENT
XII. DUTY OF CONFIDENTIALITY AND PUBLIC ACCESS
