BAHR Dispute Resolution Insight

In this issue we consider three topics of importance:

How and why AI represents a competitive advantage in dispute resolution.
Much has been said about the use of artificial intelligence (AI) in the legal sector, whether it is AI writing contracts, setting bail or carrying out due diligence or discovery processes. Most of these discussions focus on the future; how AI someday may or may not revolutionise the business. The article focus on what benefits the BAHR Dispute Resolution group get from using advanced software and AI in its work today and why clients should care about the digital capabilities and experience of the law firm they trust with their disputes.

Recognition of foreign restructuring plans in Norway.
When planning and executing cross-border reconstruction processes, a key question is whether the process and the prospective outcome of the process (the reconstruction plan) will have legal effect in all relevant jurisdictions. A recent example is SAS’ reconstruction process under Chapter 11 of the US Bankruptcy Code. To have the desired effect, SAS is inter alia reliant upon the reconstruction process and the prospective court-sanctioned plan to be respected by all creditors regardless of jurisdiction and governing law.

BAHR is commonly assisting clients with planning reconstruction processes and ensuring recognition. In the article we discuss the legal basis for recognition of foreign restructuring proceedings and court-sanctioned reconstruction plans in Norway.

Norwegian arbitration trends to keep in mind when choosing a dispute resolution mechanism.
A key clause in any commercial contract is the dispute resolution clause. Professional parties face a choice: litigation before the ordinary courts or arbitration? We identify the main trends in Norwegian arbitration and how they may inform parties’ choice of dispute resolution mechanism.

We hope this Dispute Resolution Insight provides an interesting read.