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NOMA Newsletter April 2023

Dear reader,

NOMA's mission is to offer market leading products for efficient and transparent dispute resolution with a Nordic flavour. Our main products are:

In addition NOMA offers a Recommended Dispute Resolution Clause, a Letter of Acceptance and Availability and a Model Mediation Agreement. All the NOMA products can be found on our website.

The latest addition to the NOMA products are the Mediation Rules and Model Mediation Agreement.

They were launched on 3 April 2023 and are important building blocks for facilitating a settlement – even if an arbitration has been initiated.

Three important features of the NOMA Mediation Rules are:

  • they provide the parties with a well-balanced, specific and practical approach to establishing an effective and transparent mediation,

  • they are based on "best practice" and aligned with the UNCITRAL Mediation Rules 2021, and

  • they offer the opportunity to achieve a settlement enforceable through a short and simple arbitration procedure.

The NOMA Mediation Rules provides a structured approach to mediation. This may be useful especially for parties that are not so used to mediation procedures. The Mediation Rules also encourage a formalised Mediation Management Conference (MMC) – in line with the aim of the CMC-matrix for the first Case Management Meeting in a NOMA arbitration.

In November 2022 the four NOMA-members elected a new board of directors – with two board members representing each "country" (see here).

One of the board's most important tasks, is to market and increase the use of the NOMA products and ultimately attract more international arbitration to the Nordic countries. To achieve this we recently launched NOMA's own LinkedIn-profile and we hope you also will follow us there (click on the picture):

Increased use of NOMA arbitration

Increased use of NOMA arbitration starts with incorporation of the NOMA Dispute Resolution Clause in the contracts entered into. From 1 January 2019, the Nordic Marine Insurance Plan (Nordic Plan) adopted NOMA as a dispute resolution mechanism. On 19 December 2022 we, consequently, got the first public NOMA award under the Nordic Plan (available here).

Moreover, based on the latest public NOMA-award (anonymised and available here), it is noteworthy that NOMA arbitration is agreed between parties registered outside the Nordics. This corroborates the general feedback from market players who emphasise that NOMA arbitration regularly is included in the jurisdiction clause for contracts relating to the maritime and offshore industry.

On this backdrop we encourage you as a maritime lawyer to explore the benefits NOMA arbitration can have for your company or clients, and try to incorporate NOMA into the next contract you advice on. In a "one-page-article" published in Skipsmegleren (Norsk Skipsmeglerforbund member's magazine) you will find an overview on what NOMA arbitration offers.

We hope you enjoyed this NOMA Newsletter. If you have comments, questions or want a more thorough presentation of the benefits of NOMA arbitration, please do not hesitate to contact NOMA's chair or your "local" board member.


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