About The Danish Institute of Arbitration

 

Since 1894, Denmark has had a permanent arbitration institution which has assisted in the resolution of different types of disputes. Over time, the Institute has accumulated considerable knowledge on arbitration procedures and the composition of arbitral tribunals in relation to both national and international arbitration.

The Danish Institute of Arbitration, which is a non-profit private institute, was founded in 1981 by the Danish Bar and Law Society, the Danish Society of Engineers, the Association of Danish Judges, SMEdenmark and the Federation of Danish Engineers. The Danish Construction Association, the Danish IT Industry Association, the Confederation of Danish Industries, the Institute of State Authorized Public Accountants in Denmark, the Danish Shipowners’ Association, the Danish Chamber of Commerce and the Danish Arbitration Association have subsequently joined the circle of organisations behind the Danish Institute of Arbitration.

According to Article 2 of its Statutes, the object of the Danish Institute of Arbitration is to promote arbitration in accordance with the Rules of Arbitration Procedure laid down by its Council through arbitral tribunals appointed by the Danish Institute of Arbitration on a case-by-case basis.

The Rules of Arbitration Procedure were revised in 2004 to bring them in line with general international standards, and again in 2006 to bring the Rules in line with the Arbitration Act adopted in Denmark in 2005. The Rules of Arbitration Procedure were changed in October 2007 and most recently 1 May 2013.

When appointing arbitrators, the Danish Institute of Arbitration takes due account of the qualifications required from the arbitrator, as agreed between the parties, and of factors ensuring that an independent, impartial arbitrator is appointed. In cases where not all parties to the dispute reside in the same country, the Danish Institute of Arbitration will appoint an arbitrator residing in a country other than those in which the parties reside, unless otherwise agreed between the parties. When appointing the members of the individual arbitral tribunal, the Danish Institute of Arbitration seeks to ensure that the best possible, objective and materially correct decision is obtained. The arbitral tribunals are composed of persons who have the highest legal and technical expertise and who are generally recognised in their field of work. Whenever possible, the Danish Institute of Arbitration accommodates the wishes of the parties in its appointment of arbitrators.

The Danish Institute of Arbitration also offers mediation in accordance with the Rules of Procedure for Mediation laid down by the Council in 2015.

The Statutes and the various rules of procedure are available on this website. The Statutes exist in Danish, English. The Rules are available in Danish, English, German, French, Chinese and Russian. The website also contains recommendations regarding the wording of arbitration and mediation clauses as well as a calculator of arbitrator and mediator fees plus the administrative costs to be paid to the Danish Institute of Arbitration.

It will appear that all kinds of national and international disputes, regardless of nature, are within the remit of the arbitral tribunals appointed by the Danish Institute of Arbitration. There are no limitations in the range of subjects for which the Danish Institute of Arbitration appoints arbitral tribunals, apart from such cases that have to be brought before an ordinary court of law by mandatory legislation.

With the services offered by the Danish Institute of Arbitration, disputes can be resolved in an adequate and satisfactory manner through the advantages offered by arbitration. The Rules of Simplified Arbitration Procedure and the Rules of Mediation Procedure are intended to meet the requirements of the business community for a more informal and free dispute resolution that is also less cost-consuming.

The Danish Institute of Arbitration is governed by a Council the members of which are appointed by a number of supporting organisations. The administration and day-to-day business of the Danish Institute of Arbitration are carried out by a Secretariat, which also handles the administration of cases until an arbitral tribunal has been appointed.

More information about The Danish Institute of Arbitration is available from the Secretariat.