domstolvoldgift

Domstolvoldgift is a form of dispute resolution in which a matter is resolved through arbitration with formal involvement or oversight by a court. It blends private arbitration with court-based procedures, aiming to provide a binding result while potentially reducing the duration and public nature of full court litigation.

Process: The parties typically sign an arbitration agreement. If a dispute arises, the court may refer the case to arbitration, appoint or confirm the arbitrator, and set procedural guidelines. The arbitration proceeds under the defined rules, and the arbitrator’s award is issued as a binding decision. The court may retain limited powers to supervise the process, to correct procedural errors, or to enforce the award.

Enforceability and scope: Domstolvoldgift usually covers civil and commercial disputes. Arbitration awards are generally final and confidential. Awards are enforceable in the enforcing jurisdiction, and international enforcement may be available under applicable treaties, such as the New York Convention, depending on the circumstances.

Advantages and drawbacks: Advantages include potential speed, cost savings, confidentiality, and the expertise of arbitrators. Drawbacks include limited avenues for appeal, the possibility of unequal bargaining power, and the risk that complex or novel legal questions may be harder to resolve than in court. Some disputes may not be suitable for arbitration, or for court-supervised arbitration, depending on law and policy.

Etymology: The term combines domstol (court) and voldgift (arbitration) in Norwegian, signaling a process that sits between traditional court proceedings and private arbitration.