Foreign judgments cannot be enforced in Norway by action on the judgment.
A new action must be commenced, in which the original judgment is not received as res judicata. However, provided due process has been served upon the parties to the case and the foreign court was competent, the Norwegian court will base its decision on the foreign judgment unless the judgment is proved incorrect in law or in fact and also the doctrine of ordre public cannot be invoked.
From the general rule outlined above several exceptions have been made, either by law or by treaties with foreign countries, of which the most important are mentioned below:
(a) Act No 71 of 10 June 1977, concerning recognition and enforcement of Nordic judgments in the field of private law, provides as leading principle that final decisions on private claims made by a Danish, Finnish, Icelandic or Swedish court shall have binding effect in Norway. Exceptions are made, however, for decisions on sectors where the legislation of the countries involved is quite dissimilar, such as decisions in cases in the nature of family law and decisions made by a Court of Probate and Bankruptcy. More details will be found in a Convention between the said countries dated 11 October 1977.
(b) A Convention between Norway and the United Kingdom of Great Britain and Northern Ireland dated 12 June 1961 provides for reciprocal recognition and enforcement of judgments in civil cases. The Convention does not apply to decisions in matters of family law or status, or to decisions given in proceedings for the recovery of taxes or other charges of a like nature or for the recovery of a fine or other penalty.
(c) A Convention between Norway and the Federal Republic of Germany (West Germany) or reciprocal recognition and enforcement of judicial decisions in civil cases dated 17 June 1977 was ratified by the Norwegian Parliament in 1978.
(d) Norway ratified in 1965 the Hague Convention of 15 April 1958 on recognition and enforcement of decisions relating to maintenance allowance to children. The ratification has no effect for decisions passed prior to 1 November 1965. The new Hague Convention on the same subject dated 2 October 1973 was ratified by Norway in 1978.
(e) Norway has ratified the Hague Convention on recognition of divorces and separations dated 1 June 1970, with certain reservations contained in Act No 38 of 2 June 1978.
(f) Norway is a member of the International Railway Conventions of 7 February 1970 and the Geneva Convention of 19 May 1966, concerning international transport of goods by road. Norway has also joined the Brussels Convention of 29November 1969 concerning responsibility for damage caused by oil pollution, and the Paris Convention of 29July 1960, and the Vienna Convention of 21 May 1963, regarding responsibility for damage caused by nuclear power.
(g) A convention between Norway and the Republic of Austria on reciprocal recognition and enforcement of judicial decisions in civil cases dated 21 May 1984, was ratified by the Norwegian Parliament in 1985.
(h) Norway has ratified the European Convention of recognition and enforcement of judicial decisions of custody and restorement of custody dated 20 May 1980.
(i) In most matters forming part of private law, the parties concerned are free to agree that future disputes shall be solved by a foreign system of courts or arbitration. It should be noted, however, that according to Norwegian law, venue agreements, in which the parties accept or agree to limit or depart from Norwegian jurisdiction, must always be made in writing.
