Statutes 2016

 

THE DANISH INSTITUTE OF ARBITRATION

 

STATUTES

 

Name, secondary names and domicile

Article 1

Par. 1: The name of the Institute shall be “The Danish Institute of Arbitration” – hereinafter referred to as “the Institute”.

The Institute shall have the following secondary names: “Voldgiftsinstituttet Danish Arbitration”, “Det Danske Voldgiftsinstitut – Institut for voldgift, forligsmægling og mediation (Danish Arbitration, Conciliation and Mediation)”, “Det Danske Voldgiftsinstitut (Danish Arbitration)”, “Det Danske Voldgiftsinstitut (Copenhagen Arbitration)”, “Den Almindelige Voldgiftsret i Danmark”, “Den Internationale Voldgiftsret i København”, “Det Nordiske Voldgiftsinstitut”, “Det Skandinaviske Voldgiftsinstitut”, “Det Nordiske Internationale Voldgiftsinstitut” and “Det Skandinaviske Internationale Voldgiftsinstitut”.

Par. 2: The Institute is an independent institution domiciled in Copenhagen.

 

Object

Article 2

Par. 1: The object of the Institute shall be to promote arbitration in accordance with the Board-adopted rules of arbitration procedure by means of arbitral tribunals appointed by the Institute for each individual case.

Par. 2: The object of the Institute shall also be to promote mediation in accordance with the Board-adopted rules of mediation.

Par. 3: Disputes may be settled in accordance with the provisions of par. 1 and 2 above regardless of the domicile and nationality of the parties.

Par.4: The Institute may monitor compliance with the provisions of par. 1 and 2 above and shall always strive to ensure that the provisions are kept up-to-date.

Par. 5: The Institute shall appoint one or more arbitrators or mediators in pursuance of the provisions of par. 1 and 2 above.

Par. 6: The Institute may administrate cases about dispute resolution in accordance with other rules than those stipulated in par. 1 and 2 above, including “International Seed Federation’s (ISF) Procedure Rules for Dispute Settlement for the Trade in Seeds for Sowing Purposes and for the Management of Intellectual Property, Mediation, Conciliation, Arbitration”. Furthermore, the Institute may appoint arbitrators, mediators, appraisers and experts in accordance with rules other than those stipulated in par. 1 and 2 above, including the UNCITRAL Arbitration Rules.

Par. 7: The Institute shall support the dissemination of information about and instruction in Danish and international law on arbitration and mediation.

 

Council of Representatives

Article 3

Par. 1: The highest authority of the Institute shall be the Council of Representatives.

Par. 2: Det Danske Advokatsamfund (the Danish Bar and Law Society), Ingeniørforeningen i Danmark (the Society of Danish Engineers), Den Danske Dommerforening (the Danish Judges’ Association), Håndværksrådet (the Danish Federation of Small and Medium-Sized Enterprises), Dansk Byggeri (the Danish Construction Association), IT-Brancheforeningen (the Danish IT Industry Association), DI (the Confederation of Danish Industries), Foreningen af Statsautoriserede Revisorer (The Institute of State-Authorised Public Accountants in Denmark), Danmarks Rederiforening (the Danish Shipowners’ Association), Dansk Forening for Voldgift (Danish Arbitration Association), Dansk Erhverv (the Danish Chamber of Commerce) and Danske Advokater (The Association of Danish Law Firms) shall each appoint one member and one alternate to the Council of Representatives. The Council of Representatives may decide by simple majority to invite other organisations to appoint one member and one alternate each.

Par. 3: The annual ordinary meeting of the Council of Representatives shall be convened by the Board at a notice of 14 days. The meeting shall be held in Copenhagen every year before the end of May and shall have the following agenda:

  • 1. Report by the Board
  • 2. Presentation of annual report and audit report
  • 3. Election of the Board
  • 4. Election of auditors
  • 5. Any other business

Par. 4: Extraordinary meetings of the Council of Representatives may be convened by the Board at a notice of 14 days and must be thus convened if three members of the Council of Representatives submit a request therefor, stating an agenda.

Article 4

Par. 1: Each representative shall have one vote at the meetings of the Council of Representatives.

Par. 2: All decisions and all elections shall be settled by simple majority, except for decisions to amend the Statutes of the Institute or to dissolve the Institute, cf. articles 20 and 21 below.

Par. 3: Any member of the Council of Representatives shall be entitled to have a specific issue debated at the meeting of the Council of Representatives provided that a written request therefor is submitted to the Board well in time before the meeting meaning, in the case of annual ordinary meetings of the Council of Representatives, before 1 April.

Article 5

Par. 1: Meetings of the Council of Representatives shall be conducted by a chairman of the meeting elected by the Council of Representatives.

Par. 2: The proceedings of meetings of the Council of Representatives shall be recorded in a minute book a transcript of which may be requested by any member of the Council of Representatives.

 

Board

Article 6

Par. 1: The Institute shall be managed by a Board consisting of up to thirteen members.

Par. 2: Det Danske Advokatsamfund (the Danish Bar and Law Society), Ingeniørforeningen i Danmark (the Society of Danish Engineers), Den Danske Dommerforening (the Danish Judges’ Association), IT-Brancheforeningen (the Danish IT Industry Association), DI (the Confederation of Danish Industries), Håndværksrådet (the Danish Federation of Small and Medium-Sized Enterprises), Dansk Byggeri (the Danish Construction Association), Danmarks Rederiforening (the Danish Shipowners’ Association), Dansk Forening for Voldgift (Danish Arbitration Association), Dansk Erhverv (the Danish Chamber of Commerce) and Danske Advokater (The Association of Danish Law Firms) shall each appoint one member to the Board.

Par. 3: The other Board members shall be elected by the Council of Representatives at the meeting of the Council of Representatives from among the representatives or outside their own circle. Members are elected for a term of one year and are eligible for re-election.

Par. 4: Should a seat on the Board become vacant, the Board may appoint a new member from among its own number to sit for the period until the next meeting of the Council of Representatives. However, in the event of a vacancy among the members referred to in par. 2 above, the right to appoint a new member shall remain with the organisations stated therein.

Par. 5: The Council of Representatives shall elect a chairman, who must have a law degree, and a deputy chairman. In case the chairman is absent or unable to act as chairman, the deputy chairman shall act in his place.

Stk. 6: The chairman and the deputy chairman shall constitute the chairman’s committee.

Article 7

Par. 1: The Board shall meet whenever requested by the chairman, two other members of the Board or the auditor.

Par. 2: The Board shall determine its own rules of procedure. All matters shall be decided by simple majority; if the votes are equal, the chairman shall have the casting vote. A quorum shall exist only if the chairman and minimum five other Board members are present, or if a total of minimum seven Board members are present.

Par. 3: The proceedings of the Board shall be recorded in a minute book.

Article 8

The Institute shall be bound in all legal matters by the joint signatures of the chairman and three Board members, or by the joint signatures of five Board members.

Article 9

The duties performed as a member of the Council of Representatives and/or as a member of the Board and/or as a member of an advisory committee established by the Council of Representatives are non-remunerated. However the Council of Representatives can, at a meeting attended by at least three-quarters of all members, vote by a simple majority that the Chairman and/or Vice-Chairman of the Board shall be entitled to receive remuneration for the performance of their duties.

 

Advisory committee on arbitration

Article 10

In order to support the fulfilment of the object of the Institute, cf. article 2 above, the Board may decide to set up an advisory committee on arbitration. The chairman and the deputy chairman of the Board shall be ex officio members of the committee. The Board shall appoint the other members of the committee, which may have as many members as the Board deems appropriate. The Board may appoint members from among or from outside its own circle.

 

Advisory committee on mediation

Article 11

In order to support the fulfilment of the object of the Institute, cf. article 2 above, the Board may decide to set up an advisory committee on mediation. The chairman and the deputy chairman of the Board shall be ex officio members of the committee. The Board shall appoint the other members of the committee, which may have as many members as the Board deems appropriate. The Board may appoint members from among or from outside its own circle.

 

Advisory committee on IT law

Article 12

Par. 1: In order to support the fulfilment of the object of the Institute, cf. article 2 above, specifically in relation to cases involving IT law, the Board may decide to set up an advisory committee on IT law to act in an advisory capacity to the Institute with regard to the identification of suitable candidates with sufficient knowledge of IT law to be appointed as arbitrators, mediators, appraisers and experts by the Institute in cases involving IT law to be decided by the Institute and the courts of law and in relation to dispute resolution under other auspices.

Par. 2: The chairman and the deputy chairman of the Board shall be ex officio members of the committee. Based upon proposals from interest organisations in the IT industry, the Board shall appoint the other members of the committee, which may have as many members as the Board deems appropriate. The Board may appoint members from among or from outside its own circle.

 

Advisory committee on maritime dispute resolution

Article 13

In order to support the fulfilment of the object of the Institute, cf. article 2 above, the Board may decide to set up an advisory committee on dispute resolution in maritime cases. The chairman and the deputy chairman of the Board shall be ex officio members of the committee. The Board shall appoint the other members of the committee, which may have as many members as the Board deems appropriate. The Board may appoint members from among or from outside its own circle.

 

Other advisory committees

Article 14

In order to support the fulfilment of the object of the Institute, cf. article 2 above, the Board may decide to set up advisory committees other than those mentioned in article 10-13 above. The chairman and the deputy chairman of the Board shall be ex officio members of such committees. The Board shall appoint the other members of the committees, which may have as many members as the Board deems appropriate. The Board may appoint members from among or from outside its own circle.

 

Income, assets, accounts and audit

Article 15

Par. 1: It is assumed that the activities of the Institute are funded by the fees and charges payable for having cases decided by the Institute in accordance with the fixed schedule of rates.

Par. 2: The Institute may receive grants and gifts from public authorities, the founding organisations or other organisations as well as by bequest. However, in order to ensure its impartiality and independence, the Institute shall be barred from receiving donations of any kind from commercial enterprises or any living private individuals.

Par. 3: The costs of the Institute shall be paid for out of its income; only under exceptional circumstances may the Institute raise loans, in which case the term of the loan shall be relatively short.

Par. 4: The liability of the Institute shall be limited to the value of its own assets.

Article 16

Par. 1: Apart from the necessary cash funds for the daily operations, the assets of the Institute shall be deposited in a bank as decided by the Board.

Par. 2: If the Board of the Institute finds it appropriate to use capital for a more long-term investment, it may decide to place the capital in such securities as are eligible under legislation governing trust funds.

Article 17

Par. 1: The financial year shall be the calendar year.

Par. 2: The Institute shall keep detailed financial accounts of its operations in accordance with legislation.

Par. 3: The annual report shall be presented to the Council of Representatives at its annual ordinary meeting.

Article 18

Par. 1: The annual report shall be audited by a state-authorised public accountant elected at the annual ordinary meeting of the Council of Representatives.

Par. 2: The auditor shall be elected for one year at a time but may be re-elected.

 

Daily administration

Article 19

Par. 1: The activities of the Institute shall be supervised by a Director in a collaborative effort with the Board.

Par. 2: The Director is employed by the Board. The Director shall have a law degree and have practical experience in the resolution of legal disputes.

Par. 3: The Director shall submit all important matters to the Board.

Par. 4: Upon consultation with the Board, the Director may employ the necessary administrative staff.

 

Amendments to the Statutes – dissolution

Article 20

Par. 1: A decision to amend the present Statutes must be made at a meeting of the Council of Representatives attended by at least three fourths of all representatives, and the motion to amend shall be carried by at least three fourths of the votes cast.

Par. 2: If a motion to amend the Statutes has been adopted by three fourths of the votes cast, but fewer than three fourths of all members of the Council of Representatives participated in the vote, the amendment to the Statutes may be adopted by said majority at another meeting of the Council of Representatives to be convened at a notice of 14 days within 14 days of the first-mentioned meeting, regardless of the number of Representatives present at the second meeting.

Article 21

Par. 1: A motion for the dissolution of the Institute shall require the same majority as a motion to amend the Statutes, cf. article 20 above.

Par. 2: If a motion for dissolution is adopted, the Council of Representatives in meeting shall appoint a liquidator to wind up and finalise the estate of the Institute and decide the distribution of its assets. However, such assets can only be allotted to one or several of the institutions recognised in legislation as non-profit or charitable institutions.

 

Thus adopted at the founding meeting of the Board of Representatives in Copenhagen on 28 October 1981 and subsequently amended at meetings of the Board of Representatives on 29 May 1990, 21 August 2003, 19 August 2004, 5 May 2006, 26 September 2006, 18 December 2006, 4 October 2007, 18 August 2008, 27 May 2009, 24 February 2010, 5 January 2012, 21 March 2016 and 20 December 2016.