I co-wrote the article with Peter L Bernhardt, former Court of Appeal Judge, Borgarting Court of Appeal who is also an experienced arbitrator.
The article is inspired by our experience as arbitrators related to supporting documents (“hjelpedokumenter”). The purpose of the article was to highlight the importance of preparing such documents properly and well and ensuring that they are presented to the opposing party and the court/tribunal in a manner that prevents unnecessary conflicts and waste of time. The use of well drafted supporting documents during all kinds of oral presentations may be of great importance especially in complex and wide-ranging cases.
The article discusses statutory requirements and practical issues relating to the preparation, content, and presentation of supporting documents in civil cases both at the ordinary courts and in arbitration. In particular, we focus on circumstances that may lead to supporting documents being excluded.
Bernhardt and I make it clear that the preparation of such documents should be considered as early as possible during the case preparations. One must avoid what we have experienced, - that important, but complicated and extensive documentary evidence is not explained as well as it could have been, and thus loses its importance as part of the basis for the court’s or tribunal’s decision.