Norwegian Arbitration Day 2019 - Det juridiske fakultet (UiO) · The “new kid on the block “...

Norwegian Arbitration Day – 2019The use of Nordic Arbitration in the future – possibilities and challenges

Harald S. KobbeAdvokat (H), LL.M., member of Board of Directors of Nordic Offshore & Maritime Arbitration Association

PRESENT – IN MANY WAYS AN AMAZING ACHIEVEMENT

3

FUTURE – CORE ACTIVITIES

4

FUTURE – AT THE PERIMETER OF THE CORE ACTIVITIES (1)

5

Windmill

▪ Offshore installations for other purposes than hydrocarbon production

• Wind power/windmills

• Submarine infrastructure for communications and electric power

• Sea mining and –harvesting

▪ Nordic Arbitration is an adequate dispute resolution method here for the same reasons that is relevant for the core activities

Submarine infrastructure

Sea mining

▪ The participants do need an agreed way of handling disputes in a qualified and cost efficient way where the final decisions are legally enforceable

▪ The Nordic countries have more than a sufficient number of highly qualified professionals that might serve as arbitrators regarding possible and relevant legal and technical issues that might arise

▪ The parties are often multi-national or from different nationalities. Nordic Arbitration is transnational, with a certain preference for tribunals where the arbitrators are not of the same nationality as one of the parties

FUTURE – AT THE PERIMETER OF THE CORE ACTIVITIES (2)

6

▪ Onshore activities and industries with some similar characteristics as the offshore and maritime industries

FUTURE – FURTHER AWAY FROM THE CORE ACTIVITIES

7

▪ Contracts of significant value

▪ «One track system»

▪ Most cases should be trimmed down

▪ Some cases deserves to be settled

▪ Locked in the dispute

▪ Little room to manoeuvre

▪ Nordic Arbitration opens up for a combination of arbitration and mediation. Guidelines article 3.5 k) and CMC matrix item 1.13.

▪ I hope to see this expanded in the report from the working group in charge of drafting the Nordic Arbitration Mediation Guidelines. Nordic Arbitration should, where possible, effectively contribute to trimming down cases og having them settled

FUTURE – ADDING AND EXPANDING OTHER ELEMENTS OF DISPUTE RESOLUTION

8

▪ The “new kid on the block “

▪ Other institutions and/or organisations

▪ Nordic Arbitration; a sensible supplement

- Nordic and transnational

- Sensible rules, regulations and guidelines

- Dynamic and agile

- Transparent

SOME CLOSING REMARKS

9