The Rules regarding Legal/Technical Opinions in IT cases (“the IT Rules”) entered into force
1 September 2013.
The main characteristics of the Rules are as follows:
- A fee of EUR 1,000.00 (or DKK 7,500) shall be paid to the Danish Institute of Arbitration when a Party submits a request for a Legal/Technical Opinion in an IT-case. The fee covers the registration and an administrative charge of the Institute.
- The Institute shall appoint an impartial and independent expert with either a technical or a legal background, depending on the nature of the Party’s request.
- Technical experts shall be appointed after the usual practice of the Institute. Legal experts shall be appointed from a list of certified experts established by the Certification Committee of the “Danske IT-advokater”/the Danish IT Attorneys.
- After the payment of the deposit for estimated costs related to the expert’s work and after a preparatory phase, the expert shall issue an opinion in the case. The opinion shall be issued within 20 working days of receipt of the request by the Institute
- The opinion is not binding and cannot be presented in any subsequent case held at courts or in any subsequent arbitration case, unless the Parties agree otherwise.