Oslo

Contract Drafting and International Arbitration

The panel discussion

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The purpose of the discussion was to contribute material and experience regarding contract clauses the construction of which has proven to be raise issues, clauses that are meant to be interpreted literally, clauses that are likely to be read in light of the governing law, etc. The panelists discussed, among others things, the circumstances under which these clauses are drafted and the expectations of the drafters when they insert them into the contract. The event is part of a series of workshops organized around the world, including in Oslo, Rome, Paris, London, Sao Paolo, and Singapore. It is part of an empirical research project, which analyzes whether international contracts are construed uniformly in arbitration, or whether legal traditions play a role even where the framework is an international one.

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Panelists

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Nanette Arvesen works with dispute resolution in ordinary courts and arbitration, particularly focusing on liability cases and disputes related to company law and securities regulation. She has been involved in and litigated several major dispute cases, including cases before the Supreme Court. Nanette also has extensive experience providing ongoing advisory services to clients within company law and securities regulation. In addition to working with dispute resolution, she assists Norwegian and international entities with stock exchange listings and capital market transactions, as well as mergers and acquisitions (M&A).

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Camilla Bråfelt's principle area of work is in contracts related to the shipping and oil service industries, but she also advises on commercial contract law in general. She has a particular interest and experience in various forms of charterparties, where she has done both research and has extensive practical experience. Camilla has been a lawyer since 2006 and joined Schjødt in 2021. She is a graduate from the Faculty of Law at the University of Oslo, where she has also obtained her dr.juris degree.

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Harald Hellebust leads Wiersholm's M&A practice and has extensive experience in M&A, where he assists both private equity funds and industrial players. He is regularly engaged as the responsible attorney in large and complex transactions in the Nordic market. He is also an arbitrator in M&A disputes and has the right of audience before the Supreme Court. Harald is one of the most sought-after M&A lawyers in Norway. In cases, he develops advanced negotiation and auction strategies tailored to secure the right commercial and legal terms in agreements for his clients. In addition to leading the transaction department, Harald also heads the firm's private equity group. Harald is a sought-after speaker, including at the annual company law conference in Sandefjord. He is also a regular contributor to Wiersholm Summer School. For law students, he holds annual review sessions in contract law and courses in assignment techniques that are very popular. Harald is ranked by the recognized rating agencies Chambers and Partners and Legal 500, and in Finansavisen's annual lawyer survey, as one of Norway's leading experts in mergers and acquisitions.

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Ola Nisja is the firm's Head of Disputes and our Industry, Dispute Resolution & Public Sector Group leader. He has substantial experience in litigation and dispute resolution and is admitted to the Supreme Court. Ola is recommended and referred to within his practice areas by inter alia Chambers Global, Chambers Europe, Legal 500, International Financial Law Review (IFLR) and Finansavisen. He frequently sits as arbitrator, and has represented for Norway in the ICC Court of International Arbitration in addition to being the chairman of the Arbitration and Dispute Resolution institute of the Oslo Chamber of Commerce and leader of the Norwegian Bar Association's Mediation Committee.

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Svein Gerhard Simonnæs’ practice is primarily focused on advising executives, directors and owners of Norwegian and international businesses on a broad range of issues and projects, both in Norway and abroad. Svein Gerhard has extensive experience from miscellaneous transaction and market types, involving listed and unlisted businesses, including joint ventures, M&A, IPOs and other securities offerings, as well as the negotiation of such transactions. His legal fields of expertise are contracts and contract law, company law and securities law.

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Giuditta Cordero-Moss, Dr. juris (Oslo), PhD (Moscow), Professor, Oslo University, former corporate lawyer, arbitrator in international disputes since 2002. She is, i.a.: Delegate for Norway, UNCITRAL Working Group on Arbitration (since 2007); Member of the ICC Court of Arbitration (since 2018); Member of the Curatorium of the Hague Academy of International Law (since 2019); President of the International Academy of Comparative Law (since 2022); former President (2017-20) and Judge (2007-2020) of the European Bank for Reconstruction and Development Administrative Tribunal.

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