Suing or being sued in Norway: A practical guide for international businesses and foreign entities

This guide distils our experience acting for international clients in the Norwegian courts. It highlights the rules that matter most when you—or your counter‑party—bring a commercial dispute to Norway. We may be contacted through chat, email, or by phone. My email is jervell@dalan.no

1. Jurisdiction in Norwegian courts

Norwegian courts may only hear a case if they have jurisdiction (verneting) under national law or international instruments such as the Lugano Convention (2007), which applies to most commercial disputes involving parties in EU and EFTA countries and which mirrors the Brussels I regime for EU and EFTA states.

Below are the main jurisdictional grounds relevant to international business disputes:

➤ General rule: Defendant’s domicile (Lugano Article 2)

The default position is simple: sue the defendant where it is domiciled. For companies, this usually means the place of their registered office, central administration, or principal place of business.

✅ Tip: Even if the dispute has international elements, jurisdiction typically lies with the defendant’s home court unless otherwise agreed upon or provided.

➤ Contractual obligations: Place of performance (Lugano Article 5 (1) (a))

In contractual disputes, the plaintiff may also sue where the contractual obligation was—or should have been—performed. Typical examples include:

• The agreed delivery location in a sale‑of‑goods contract
• The place services were rendered under a service agreement.

✅ Tip: If delivery or performance occurred in Norway, Norwegian courts may have jurisdiction even if the defendant is domiciled elsewhere.

➤ Tort claims: Place of damage (Lugano Article 5(3)) 

In non-contractual matters such as negligence, IP infringement, unfair competition or product liability, the claimant may sue in either:

• The place of the damage (e.g. financial loss or reputational harm), or
• The place of the act giving rise to the damage.

This so‑called double jurisdiction was confirmed in Bier v. Mines de Potasse d’Alsace (C‑21/76) and offers strategic flexibility in cross‑border cases.

• In IP cases, also in the country where the right is registered, particularly for rights like trademarks, patents, or designs.

✅ Tip: When loss is suffered in multiple states, you may choose the forum that best matches available evidence and enforcement prospects.

➤ Arbitration agreements: Outside the Lugano regime (Article 1(2)(d)) 

Arbitration is expressly excluded from the Lugano Convention. Where the parties have agreed to resolve their disputes by arbitration—whether the seat is London, Oslo or elsewhere—the ordinary Norwegian courts will decline jurisdiction unless the arbitration clause is manifestly invalid, inapplicable or incapable of being performed.

If the seat is Norway and the matter is to be decided by a Norwegian arbitral tribunal, the courts have no jurisdiction over the merits. Their role is confined to supportive or supervisory functions such as appointing arbitrators, granting interim measures, or setting aside / enforcing awards under the Norwegian Arbitration Act 2004.

Disputes concerning the existence, validity or scope of the arbitration agreement are likewise determined under that Act or the rules of the chosen arbitral institution (e.g. Oslo Chamber of Commerce (OCC), ICC or SCC). 

✅ Tip: Always check whether the claim falls inside or outside an arbitration clause before filing or answering a writ.

2. Choice of law – which substantive rules apply?

The forum that hears the case and the law that governs the merits are distinct questions. Norwegian courts determine applicable law under the Rome I (contractual obligations) and Rome II (non‑contractual obligations) regulations, both implemented in Norwegian legislation.

• Freedom of contract: Commercial parties may choose the governing law expressly or clearly. The choice is generally upheld, save for mandatory provisions (e.g. consumer or employment protection).
• Default rule for contracts: In absence of a valid choice, the contract is governed by the law of the country with the closest connection. Typically, this is the place of the characteristic performance (seller’s establishment for goods, service provider’s establishment for services).
• Default rule for torts: For non‑contractual claims, the starting point is lex loci damni—the law of the place where the damage occurs—unless the parties’ relationship is manifestly more closely connected with another country.
• Overriding mandatory rules: Certain Norwegian statutes (competition, insolvency, sanctions) may apply irrespective of the chosen or applicable law.

✅ Tip: Foreign law may apply even though Norwegian courts have jurisdiction. Norwegian courts may thus decide a case while applying foreign substantive law. Identify the governing law at the outset and be prepared to prove its content—typically through a detailed expert opinion from a qualified lawyer, with certified translations if required.

3. Procedural timing and case management

Norwegian civil procedure is deadline-driven and efficient. Common timelines include:

Unlike common law systems, Norway has no discovery, but parties have a duty to disclose key documents. Courts expect early and transparent case-building.

✅ Tip: Engage counsel immediately when served. Delays can limit your options or forfeit your case.

4. What to expect in Norwegian courts

• Proceedings are handled by professional judges, with no juries.
• Hearings are conducted in Norwegian, but English documentation is often accepted.
• The process is based on written submissions and oral argument.
• The losing party typically pays the other side’s legal costs.

✅ Tip: Norwegian courts value clarity, substance and preparation. Aggressive litigation tactics and showmanship are rarely effective.

5. Interim measures (Urgent relief)

Norwegian courts may grant protective measures—asset freezes, injunctions, evidence preservation—within days, often ex parte if delay risks irreparable harm.

✅ Tip: If time is critical (IP, finance, asset protection), involve counsel immediately to secure relief before the opposing party is alerted.

6. Enforcement & recognition (Cross‑border)

Norwegian judgment → abroad
• EU/EFTA: enforce via Lugano convention.
• Other states: 2005 Hague Convention (e.g. UK) or local law—more time & cost.

Foreign judgment → Norway
• Rulings covered under Lugano Convention is recognised automatically.
• Others: bilateral treaty or Enforcement Act 1972 (reciprocity + due process).

Arbitral awards (NY Convention)–enforced unless invalid agreement, due‑process breach or public policy.

✅ Tip: Map your enforcement route before you litigate—choose a forum and target assets that sit within a reliable treaty network.

7. Why work with Dalan?

Our dispute‑resolution team combines deep local knowledge with international perspective:

• Multilingual–our lawyers work fluently in English and the Scandinavian languages.
• Cross‑border focus–we routinely coordinate with counsel in the UK, EU, US and Asia.
• Commercial mindset–litigation is a tool to achieve business goals, not an end in itself.
• Direct contact–send an email to jervell@dalan.no; I personally read and respond to every enquiry.

Whether you are pursuing or defending a claim, we ensure your Norwegian strategy is sound from day one.