MARIUS 515 pp. 97 to 110: Nordic Arbitration in the future – possibilities and challenges

This article is based on a presentation I gave at the Norwegian Arbitration Day at the University of Oslo in January 2019.

Based on other presentations, I summarize the accomplishments already achieved within the framework of the Nordic Offshore and Maritime Arbitration Association – NOMA – since it was established in 2016.

Looking ahead, NOMA has a clear potential in the offshore and shipping industries, but the article emphasizes that it is important to ensure that key players there as a minimum incorporate references to NOMA as an alternative dispute resolution model in their standard contracts. With its easily accessible regulations and, not least, access to qualified arbitrators from all the Nordic countries, NOMA has indeed the potential to play an important role as preferred dispute resolution method in other fields as well, for example the development of both onshore, and perhaps especially offshore, wind power.

I furthermore emphasise that NOMA allows for different conflict resolution methods to be combined. For example, it follows from the rules and regulations that the first case management conference shall include a discussion whether any aspects of the case are suitable for mediation and an amicable settlement. In this respect, the arbitral tribunal and the parties are encouraged already at this early stage of the process, to agree on one or more competent experts who can be called into action whenever the parties, based on the advice from the tribunal, decides.

Download document