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Recognition and enforcement procedure
What is the formal procedure for seeking recognition and enforcement of a foreign judgment?
Applications for recognition are, as a rule, handled by the first-instance court, based on formal requirements and without being presented to the defendant. The application must be accompanied by the relevant documentation.
Enforcement requests are presented to the defendant together with the decision on recognition of the foreign judgment. Having heard both sides – in some cases with several time limits for the other party's opinion or response to the allegations – the court will decide on the request for enforcement.
What is the typical timeframe for the proceedings to grant recognition and enforcement?
The time limit set by law to hear ordinary civil cases is six months (which, based on accessible resources, can in some cases be impossible for the courts to meet). Cases of recognition and enforcement are typically simpler and normally do not require the same amount of time. However, as cases may be complex and the court’s workload and the extent of objections from defendants vary, this should be regarded as the typical timeframe for handling such requests. This timeframe applies especially to enforcement, where the defendant is heard and makes objections before the court makes a decision. In some cases, it may take considerable time for the plaintiff’s application or the court decision to be served on the defendant, which may have its assets in Norway, but its head office overseas.
What fees apply to applications for recognition and enforcement of foreign judgments?
Fees vary from approximately €100 to €1,000 depending on the different requests or types of enforcement, and appropriate process service.
Must the applicant for recognition and enforcement provide security for costs?
Under the Dispute Act, a defendant may request a foreign plaintiff to present security for costs. However, this may not be granted if such a request represents a breach of obligations for a fair trial or a requirement to treat domestic and foreign parties equally. This will typically be the case for parties domiciled in EU or European Economic Area member states.
Are decisions on recognition and enforcement subject to appeal?
Yes, as a main rule within one month from the pronouncement of the court's decision to the affected parties.
How does the enforcing court address other costs issues arising in relation to the foreign judgment (eg, calculation of interest, exchange rates)?
All costs (eg, interest and exchange rates) will be calculated or updated on the date of enforcement.
Enforcement against third parties
To what extent can the courts enforce a foreign judgment against third parties?
A judgment may be enforced only against a party covered by the judgment, unless it is justified that a third party acts or holds a position on behalf of the party covered by the judgment.
Partial recognition and enforcement
Can the courts grant partial recognition and enforcement of foreign judgments?
As for ordinary judgments, a judgment is either recognised or not. However, enforcement may be partial.
Arbitral judgments may be partially recognised and enforced, as one (or more) of the reasons for denying recognition or enforcement may concern only parts of the foreign judgment. In such cases, under the Arbitration Act the rest of the judgment may be recognised or enforced.
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