Statutes 2020

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.

 

Objects

Article 2

Par. 1: The purpose of the institute is to act for arbitration in accordance with the Rules of Arbitration Procedure, adopted by the Board, in arbitral tribunals appointed by the Institute for the individual cases.

Par. 2: The purpose of the Institute is furthermore, to act for mediation in accordance with the Rules of Mediation adopted by the Board.

Par. 3: Disputes may be settled in accordance paragraph 1 and 2 regardless of the domicile and nationality of the parties.

Par.4: The Institute may monitor compliance with paragraph 1 and 2, and shall always strive to ensure that the Rules of arbitration procedure and mediation are kept up-to-date.

Par. 5: The Institute shall appoint one or more arbitrators or mediators in accordance with paragraph 1 and 2.

Par. 6: The Institute may administrate cases about dispute resolution in accordance with other rules than those stipulated in paragraph 1 and 2, 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 paragraph 1 and 2, including the UNCITRAL Arbitration Rules.

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

 

The Council of Representatives

Article 3

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

Par. 2: The members of the Council of Representatives shall be appointed by: Det Danske Advokatsamfund (the Danish Bar and Law Society), Ingeniørforeningen i Danmark (the Society of Danish Engineers), Den Danske Dommerforening (the Danish Judges’ Association), SMVdanmark (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), FSR – Danske Revisorer (FSR – Danish Auditors), Danske Rederier (Danish Shipping), Dansk Forening for Voldgift (Danish Arbitration Association), Dansk Erhverv (the Danish Chamber of Commerce) and Danske Advokater (The Association of Danish Law Firms). Each organisation appoints one member and one alternate member. The Council of Representatives may decide, by simple majority, to invite other organisations to appoint one member and one alternate member.

Par. 3: The Representatives shall be convened by the Board, with a notice of 14 days, to the annual general assembly of the Council of Representative, which is to be held in Copenhagen each year before the end of May and with 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 Representatives may be convened by the Board with a notice of 14 days and must be convened if three members of the Representatives submit a request therefor accompanied by an agenda.

Article 4

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

Par. 2: A simple majority shall settle all decisions and all elections except for decisions on amending the Statute of the Institute and the dissolution of the Institute, cf. articles 17 and 18.

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 has been submitted to the Board in due time before the meeting, which in the case of the annual general assembly of the Council of Representatives is before 1 April.

Article 5

Par. 1: The meetings of the Council of Representatives shall be conducted by a Chairman of the meeting, who is elected by the Representatives.

Par. 2: The proceedings of meetings of the Council of Representatives shall be recorded in a minute book. Any member of the Representatives may request a transcript.

 

The Board

Article 6

Par. 1: The Board of the Institute is composed of up to thirteen members.

Par. 2: The members of the Board shall be appointed by: 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), SMVdanmark (the Danish Federation of Small and Medium-Sized Enterprises), Dansk Byggeri (the Danish Construction Association), Danske Rederier (Danish Shipping), Dansk Forening for Voldgift (Danish Arbitration Association), Dansk Erhverv (the Danish Chamber of Commerce) and Danske Advokater (The Association of Danish Law Firms). Each organisation appoints one member to the Board.

Par. 3: Other Board members shall be appointed by the Representatives at the meeting of the Council of Representatives from either 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 in the Board become vacant, the Board may appoint a new member 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 paragraph 2, the right to appoint a new member shall remain with the organisations stated therein.

Par. 5: The Board shall elect a Chairman, who must hold a law degree, and a Vice Chairman. In case the Chairman is absent or unable to act as Chairman, the Vice Chairman shall act in his place.

Par. 6: The Chairman and the Vice Chairman shall constitute the Chairman’s Committee.

Par. 7: If a member of the Representatives or a member the Board has a conflict of interest, that member cannot participate in the handling of the case. In addition, any member shall comply with the rules on conflict of interest and the restrictions of the possibilities to act as arbitrators, etc., which are included in the applicable Rules of Arbitration Procedure or the other set of Rules for dispute resolution processes under the Institute.

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. Simple majority shall decide all matters. If a majority is not attained 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 minimum of seven Board members are present.

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

Article 8

Par. 1: The Chairman’s Committee carries out the functions and makes the decisions assigned to it under the applicable Rules of Arbitration Procedure and the other set of Rules for dispute resolution processes under the Institute.

Par. 2: The Chairman’s Committee is also able to makes decisions where the decision, after the discretion of the Chairman, cannot await the decision of the Board. At the subsequent Board meeting, the Board shall be informed accordingly of any such decisions.

Article 9

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

Article 10

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 Board are non-remunerated. However, the Representatives can, at a meeting attended by at least three-quarters of all Representatives, 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 Committees

Article 11

In order to support the object of the Institute in accordance with article 2, the Board may decide to set up advisory committees. The members of such committees are the Chairman and/or the Vice Chairman of the Board. The other members of such committees shall be appoint by the Board, and 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 12

Par. 1: It is assumed that the activities of the Institute are funded through the fees and charges payable for having cases administrated by the Institute.

Par. 2: The Institute may receive grants, gifts, inheritance, and other forms of contributions as long as such grants, etc., do not give rise to reasonable doubts as to the neutrality and independence of the Institute. Consequently, the Institute may receive sponsorships and contributions from private companies’ incl. law firms, public authorities, funds, and other organisations, etc., in connection with business development, the holding of conferences and other initiatives in order to further the objectives of the Institute.

Par. 3: The costs of the Institute shall be paid for out of its income and 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 13

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 finds it appropriate to use funds for a more long-term investment, it may decide to place the funds in such securities as are eligible under legislation governing trust funds.

Article 14

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 general assembly.

Article 15

Par. 1: A state-authorised public accountant, elected at the annual general assembly of the Council of Representatives, shall audit the annual report.

Par. 2: The state-authorised auditor shall be elected for a term of one year but may be re-elected.

 

Daily administration

Article 16

Par. 1: A Secretary General shall supervise the activities of the Institute in a collaboration with the Board.

Par. 2: The Board employs the General Secretary. The Secretary General shall hold a law degree and have practical experience in the resolution of legal disputes.

Par. 3: The General Secretary shall submit all important issues to the Board including, but not limited to consultations on law proposals of significant importance to the Institute, submission of complaints to boards of complaints or public authorities, and initiation of court and arbitration proceedings.

Par. 4: Upon consultation with the Board the Secretary General may employ the necessary administrative staff.

Par. 5: The secretariat of the Institution operate under the direction of the General Secretary. The Secretariat handles the tasks, which according to the Rules of Arbitration Procedure and other sets of Rules for dispute resolution processes under the Institute are assigned to the Secretariat.

Par. 6: The General Secretary or the Secretariat may also perform tasks or make decisions under the authorisation of the Council of Representatives or the Board.

 

Amendments to the Statutes – Dissolution

Article 17

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-quarters of all Representatives, and the motion to amend shall be carried by at least three-quarters of the votes cast.

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

Article 18

Par. 1: A motion for the dissolution of the Institute shall require the same majority as a motion to amend the Statutes, cf. article 17.

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

 

Thus adopted at the founding meeting of the Council of Representatives in Copenhagen on 28 October 1981 and subsequently amended at meetings 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,  20 December 2016 and 11 December 2019.