Dispute Resolution | NOMA introduces updated, solution-oriented arbitration guidelines

The Nordic Offshore & Maritime Association (“NOMA”) has recently updated its “Best Practice Guidelines” (the “Guidelines”) and introduced a revised version of its accompanying “CMC-Matrix”, a practical tool for case management meetings in arbitration proceedings.

These updates are intended to facilitate more efficient, solution-oriented and modern arbitration in the Nordic region. The Guidelines can be applied both in NOMA arbitrations and other Nordic ad hoc proceedings.

Three key changes stand out:

Front loading (section 1.7 of the Guidelines): Parties are encouraged to reach an early agreement on document exchange and evidence management to help “front-load” the process. This aims to clarify central issues from the outset, driving efficiency throughout proceedings.
Skeleton arguments (section 2.11): The question of whether to introduce skeleton arguments, and the effect they will have on the parties’ later submissions, should be assessed. This addition is designed to increase predictability.
Sealed offer mechanisms (section 4.1): The possibility of using “sealed offers” to encourage earlier settlements is clearly outlined. If parties agree to adopt such a mechanism, they must also decide on the procedure for submitting and handling sealed offers.

Another major change is that Appendix 2 – “NOMA Rules on the Taking of Evidence” – has been replaced with a reference to the IBA Rules on the Taking of Evidence 2020, which is widely recognised in international commercial arbitration.

Comparison with Other Institutions’ Guidelines

NOMA is not alone in its efforts to modernise and improve arbitration and finds itself among a prestigious group of institutions. Leading institutions such as the ICC and the SCC have also updated their rules to enhance predictability and flexibility. Like these institutions, NOMA encourages early procedural agreements and close cooperation between parties. At the same time, the Guidelines retain a Nordic character, which can appeal to domestic and international users looking for a regionally grounded yet globally compatible approach.

BAHR’s Perspective

From a Norwegian standpoint, NOMA’s updated guidelines represent a positive step toward a more efficient, solution-focused arbitration process. For BAHR’s clients (both domestic and international), it indicates that NOMA and other Nordic dispute resolution forums are aware of the need for innovation.

Greater Predictability: Front-loading and skeleton arguments clarify major issues early, potentially reducing the scope of a case and lowering costs.
Increased Flexibility: Sealed offer mechanisms provide additional paths to settlement without sacrificing key rights related to the final outcome.
International Competitiveness: Referring to the IBA Rules for evidence bolsters international recognition of NOMA arbitration, particularly for foreign parties who prefer established and standardized proceedings.

NOMA’s recent updates clearly reflect a willingness to adapt its practices to the international stage while preserving the region’s legal culture. The changes embrace retaining a Nordic approach while simultaneously integrating internationally recognised evidence rules. This aligns with the wider trend toward more flexible and user-friendly arbitration proceedings, reinforcing the Nordics’ status as a prime location for high-quality dispute resolution.

BAHR will continue to follow these developments closely and is ready to advise on how the updated guidelines may affect both ongoing and future arbitrations for our clients.