Statistics for 2017 (and previous years) can be found here
- Dispute Board
- Recommended clauses
Statistics for 2017 (and previous years) can be found here
The Danish Institute of Arbitration (DIA) and ICC Denmark are delighted to host a joint event on international arbitration.
A number of very distinguished speakers, including Alexis Mourre, President of the ICC Court, and Wendy J. Miles, QC, Debevoise & Plimton, are confirmed. In addition, some exellent Danish practitioners, for instance the former President of the Supreme Court in Denmark Torben Melchior, are among the speakers.
We encourage everybody to participate.
The event will soon take place on 5 April 2018 from 3 pm at the Old Stock Exchange right in the center of the city of Copenhagen.
We will soon revert with the final program and further information on how to register. Admission will be free, but participation in the dinner party after the event will be subject to payment.
Meanwhile, the DIA and ICC Denmark wish everybody a Merry Christmas and a Happy New Year!
Update: Please register at this link: https://www.eiseverywhere.com/ereg/index.php?eventid=308733&
The DIA wishes you a Merry Christmas and a Happy New Year.
This year the DIA has special opening hours between 27 – 29 December 2017, where the DIA can be contacted by telephone and e-mail. The DIA’s premises will also be open for deliveries and other inquiries after appointment in advance.
The next International Congress of Maritime Arbitrators (ICMA) will take place in Copenhagen from 25-29 September 2017, hosted by the Danish Institute of Arbitration.
The five-day Congress is expected to draw around 300 delegates to the Danish capital.
ICMA, which is held every 2 or 3 years, is an important forum for maritime arbitrators, lawyers and for the world wide shipping industry in which to deliberate on and exchange experience, views and news.
Aside from providing a forum for discussion and high quality papers, ICMA also includes a social program for accompanying persons and delegates. A black tie dinner is a tradition, as are one or two cocktail parties.
Please register here in due time and save money.
The Danish Institute of Arbitration (“DIA”) has in 2016 received a record high number of cases, i.e. 135 cases, which is an increase of 18% compared to the average submission of cases the previous 5 years.
The record high number of cases is partly caused by the fact that the DIA has received an increment of international arbitration cases.
The statistics for 2016 (and other years) can be found here.
Seminar Young Arbitrators Copenhagen, 18 November 2016
Attorney Jimmy Skjold Hansen (Plesner) started by presenting the framework of the discussion, i.e. the role of the Secretary to the Arbitral Tribunal.
The Secretary to the Arbitral Tribunal (hereafter “Secretary”) is usually a lawyer who works with the President of the Arbitral Tribunal. He or she assists the arbitral tribunal in order to minimize the time that the arbitrators should spent on the case. According to the Queen Mary University’ studies, 35% of arbitration cases have a Secretary and the practice is generally accepted.
The problem lies in the definition of tasks. Everybody agrees that the Secretary should do administrative tasks. But what does “administrative” mean? Can the Secretary summarize the parties’ opinions or write memos on point of laws? Does it extend to writing a first draft of the final arbitral award? Does it involve attending or maybe even participating to the deliberations of the arbitral tribunal?
In arbitration, the Parties appoint the arbitrators for their qualifications. That mandate is personal and carries a duty of confidentiality. It gives the personally-nominated arbitrators competence to decide the case and allows transparency in the arbitral proceedings.
The problem is that the Secretary is not appointed by the Parties but proposed by the President of the Arbitral Tribunal. What rules apply to this function?
There are usually not any provisions in the arbitration clauses or the applicable arbitration act. Arbitral institutions sometimes have adopted guidelines or a declaration of impartiality and independence like at the Danish Institute of Arbitration. Associations like the Young ICCA drafted the “Best Practices for the Appointment and Use of Arbitral Secretaries”. All the documents that exist are lists of Dos and Don’t.
In case of problem or doubt regarding the work performed by a Secretary, who is competent to judge on it? The Parties, the arbitrators, the national judge or the arbitral institutions? There is a need for a clear answer and there is none at the moment.
Attorney Thomas Stouten (Houthoff Buruma) is a lawyer based in the Netherlands. He is a member of the team of attorneys representing the Russian State before the Dutch courts regarding the annulment of the arbitral award in the Yukos case. The Dutch courts have annulled the award based on jurisdiction but another argument advanced by the Russian State regarded the role of the Secretary.
As a preliminary and according to Dutch case law, the arbitrator’s mandate is strictly personal, the number of arbitrators must be an odd number and all arbitrators must participate in the rendering of the award and sign it.
In the Yukos case, the Parties first accepted to appoint a Secretary from the PCA. The President of the Arbitral Tribunal then asked whether the Parties could accept that he is assisted by a younger colleague from his law firm; which the Parties accepted. There was therefore a second Secretary appointed. According to the rules applicable to the case, all of the involved were paid by the hour.
Upon the rendering of the arbitral award, the Russian State realized that the two secretaries had worked a substantial amount of hours on the case and therefore requested a detailed specification of their time sheets. The PCA was not authorized to disclose such information but the second Secretary, as a lawyer, was. It showed that he had performed extensive tasks. Moreover, a linguistic study indicated that he had drafted almost the whole arbitral award, including the reasons.
The Russian State argued therefore that the Arbitral Tribunal had breached its personal mandate and that the second Secretary had overstepped his competence.
The other party argued that the claim was based on conjecture only and that both parties had given their consent to the secretaries’ work in the case. They moreover argued that the claim was forfeit since, even if valid, it should have been raised during the proceedings and not after.
The Dutch courts have not rendered any decision on the matter but it gives an illustration of the question about the extent of the role of the Secretary to the Arbitral Tribunal.
The speakers proceeded then to a debate.
As pointed out by Attorney Jimmy Skjold Hansen in his presentation, there are no clear legal-binding rules on the question of the role of a Secretary.
One could ask whether the role of the Secretary could be compared to the role of the clerks of a national court. The nature of the two systems is, however different. A national judge handles a case as representative of the state whereas the arbitrators are appointed directly and personally by the parties for their expertise. Moreover, when the arbitrators accept a case, they commit themselves to be available and they are paid directly by the parties for their work.
The speakers compared therefore several studies as to whether different tasks where accepted to be performed by a Secretary. The answers to the different questions were quite different depending on the studies and on their date. Some examples follow:
The conclusion of the speakers was again that a reform was highly needed to establish clear rules on the role of the Secretary to the Arbitral Tribunal.
Alexander Lecture “Use and Abuse of Due Process in International Arbitration” by Attorney Bernardo Cremades, CIArb London, 16 November 2016.
Due process is the backbone of arbitration since the arbitrators must conduct the proceedings in such a way that the arbitral award is enforceable. It plays a role in every step of the proceedings but is of particular importance in procedural matters such as for instance award on jurisdiction, decision on bifurcation and decision on evidence.
Bernardo Cremades pointed out that: “The difference between flexibility and chaos is not always really clear”. Indeed, the content of due process can be discussed at length and varies from common law to civil law procedure. In international arbitration, it is based first and foremost upon the will of the parties and it is the arbitrators that apply it, taking into account the circumstances of the case and the arbitrators’ own view of due process.
When a breach of due process occurs, it is the parties that suffer the consequences of the breach. They are the one paying the costs of the proceedings.
… and abuse of due process
Due process has become the lawyers’ threat of choice to what the arbitrators fear the most – the annulation of the award. If the arbitrators refuse to accept the lawyers’ demands to change the proceedings, the lawyers start talking of due process.
Those threats arise often when the arbitrators must decide whether to accept late submissions, new evidence late in the process or additional experts.
As an arbitrator, Bernardo Cremades likes to tell the lawyers: “Remember that you are here to convince us, not to confuse us”. Indeed, the problem of documentary evidence is particularly topical as regards due process. Arbitral proceedings are plagued by “documentary tsunamis” that only confuse the arbitrators. The arbitrators have the role of moderators but lack powers of the national judges. It is, therefore, important to have the support of the national judges and law systems but not all the countries are pro-arbitration.
Due process also plays a role as regards independence and impartiality of the arbitrators. If a party hires a new lawyer to a pending arbitration but the new lawyer creates a conflict of interest with an already appointed arbitrator, then it will usually be the arbitrator that must resign. Why? Why not find another lawyer?
Of course, arbitrators should also accept constructive criticism. Some arbitrators act criminally like in the Bernard Tapie case from France and others prefer playing Sudoku or answering e-mails rather than listening during hearings.
As a result of delay in the proceedings and too much documentary evidence, arbitrations cost too much and those macro-proceedings threaten parties’ access to justice. As a consequence, third party funding has found its way into arbitration, but this poses new deontology problems and sometimes only increase the costs.
The Secretary-General of the DIA Steffen Pihlblad (on the picture: 1st from the left) was honored to receive the visit, on the 4th of July 2016, of a delegation from Xiamen, China, headed by Mr. LIN Rui, Vice Mayor of Xiamen Municipal People’s Government (2nd from the left). The other prominent members of the delegation were, among others: Mr. LIN Jianwen, Deputy Director General & Secretary General of Xiamen Arbitration Commission (1st on the right) and Ms. WU Lixue, Vice President of the Xiamen Intermediate People’s Court.
The participants compared the practice of both arbitrations institutes and had fruitful discussions on how to handle challenges regarding the administration of commercial disputes through arbitration and mediation. The delegation members showed a particular interest in maritime arbitration, therefore the DIA hopes to see them again at the ICMA 2017, which takes place 25th-29th September 2017 in Copenhagen.
What sort of arbitration?
On 19 May 2016, the offices of LETT Law Firm hosted a conference organized by the Young Arbitrators Copenhagen (YAC) on “What sort of Arbitration?”. The four speakers presented each a different sort of arbitration in Denmark. A lot of participants expressed their big interest in the topics, since most of the lawyers are specialized in one type of disputes and tend to not know about the others.
Professor Mads Bryde Andersen from Copenhagen University started the conference by presenting arbitration in gas disputes. This type of arbitration is highly specialized and deals with gas as a commodity.
Attorney Anders Bjørn Nielsen from Hafnia Law Firm presented maritime arbitration. It includes a wide range of different disputes concerning, among others, construction of ships and carriage of goods. By tradition, maritime arbitration is mainly held in London, but the Scandinavian countries are thinking of creating a regional alternative.
Assistant Professor Sylvie Cécile Cavaleri from Copenhagen University presented arbitration of construction disputes. The Danish standard constructions contracts (AB and ABR) are currently being revised and it sets into questions the functioning of the Arbitration Court for Construction and Engineering. The conclusion of the intervention was a proposal to revise the system so it becomes pure arbitration or pure domestic courts. Not the status quo which is a blending of both and detrimental to the international cases in particular.
Finally, Attorney Morten Eisensee from Poul Schmidt Law Firm presented arbitration of labor unions disputes. In rare and really specific occurrences, it is possible to arbitrate labor disputes. However, like in the case of the Arbitration Court for Construction and Engineering, this type of arbitration is tainted by rules from the domestic court system.
On 7 April 2016, over 30 senior in-house counsel from various leading international companies met for a half-day workshop in the heart of Copenhagen to discuss the success factors for optimized negotiation results in international conflicts. The workshop, which was hosted by the Danish Institute of Arbitration and Berlin-based PFROMM NEGOTIATIONS, looked into the diverse challenges of in-house counsel when facing international conflicts and protracted negotiations. Dr. René A. Pfromm and Marc Ohrendorf identified eight success factors in settling international disputes and how to overcome the risks arising from information asymmetry, frustrated parties and suboptimal negotiation techniques.
In a real-life-based simulation featuring a commercial dispute between a European and an Asian shareholder of a joint venture, the participants put their skills into practice. Despite the difficulties arising from cultural differences, distrust and differing business ideas and visions, the participants achieved favorable settlements, applying value-creation strategies and tactics that laid the ground for potential future work and maintaining a healthy relationship between the parties. The workshop also identified effective methods to deal with intercultural difference, to influence one’s negotiation opponents and to send strong signals while finding a beneficial solution outside of traditional litigation. Steffen Pihlblad, Secretary General of the DIA, shared his experience of international conflicts and how to solve them through negotiations and other alternative dispute resolution mechanisms. The event concluded with a reception for networking, experience exchange and many discussions among the participants about their individual experiences and upcoming challenges.
A senior in-house counsel summarized the workshop as: “It was an excellent workshop and I really liked the speakers – they were good at communicating and, even if you knew the topic, they were good at setting new angles.”
The DIA and Pfromm Negotiations are pleased to invite you to the workshop “Solving International Disputes through Strategic Negotiations” on 7 April 2016 from 13:00 to 17:30 at the DIA’s premises. The workshop is free of charge but registration is mandatory due to the limited number of seats. Members of the Danish Corporate Counsel Association have priority. For more information and registration, please read the event brochure.
The Danish Supreme Court confirms, in its decision of 28 January 2016, that an arbitral award can only be set aside as contrary to ordre public if there have been such extraordinarily serious mistakes that the arbitral award is manifestly incompatible with the domestic legal system.
The arbitral tribunal has ruled on whether the distribution agreement, as interpreted by the arbitral tribunal’s reasoning, is contrary to EU competition law. The arbitral tribunal interpreted the agreement as meaning that it involved a partnership where both parties undertook some obligations and got some rights, including Taewoong’s duty to inform AH Industries on orders received and to respect AH Industries’ privileged position in relation to customers developed by AH Industries for Taewoong, which limited Taewoong’s rights to benefit from AH Industries’ distribution work without offering AH Industries a reasonable compensation. It was the arbitral tribunal’s analysis of such obligations that they do not conflict with EU competition law (see section 401 of the arbitral award).
The Supreme Court finds that there is no basis for concluding that the arbitral tribunal, in its assessment, has committed such extraordinarily serious mistakes, that the arbitral award is manifestly incompatible with the domestic legal system (ordre public). The Supreme Court therefore finds that the conditions for setting aside the arbitral award as per Section 37 paragraph 2, 2 b) of the Arbitration Act are not satisfied.
This is an unofficial translation made by the DIA.
In 2013, David Nicholas Sort Noerlem worked at the Danish Institute of Arbitration (DIA) as a student. Afterwards, David worked for two years as a Civil Servant at the Ministry of Justice in Denmark. David returns to the DIA as a full-time Counsel.
Kristine Gundersen worked at the DIA as student until she obtained an LL.M. from the University of Copenhagen in December 2015. Kristine, who is a Norwegian citizen, is now included in the DIA’s team as a full-time Counsel.
The DIA is delighted to welcome David and Kristine as members of the DIA’s team of jurists.
To contac them: https://voldgiftsinstituttet.dk/en/contact/staff/
The Danish Institute of Arbitration is proud to announce its decision to bid to host the ICCA Congress 2020. Since 2008, the ICCA Congress has not been hosted in Europe, so the DIA has confidence in its chances of hosting this important event in Copenhagen, Denmark. Furthermore, it is the second time the DIA is bidding and Denmark has never before been the host of an ICCA Congress.
We hope for great support for this bid from the national, regional and international arbitration community. Contact us if you are interested.
The new Rules are in force as from 1 June 2015.
The Rules, which have been revised with the collaboration of the DIA’s Mediation Committee, are in many ways inspired by the ICC’s new rules on mediation, which entered into force on 1 January 2014.
The main innovations can be described briefly as follows:
Read about the benefits of Mediation at the Danish Institute of Arbitration.
The ICMA Steering Committee has fixed the dates of the ICMA XX.
Save the dates and join us in Copenhagen on 25-29 September 2017.
The ICMA Steering Committee has announced today that the Danish Institute of Arbitration would be the host organization of the ICMA XX.
Hong Kong, 15 May 2015
The next congress of the renowned world forum for maritime arbitrators, for lawyers and for the shipping industry will take place in Copenhagen in September 2017. The five-day conference is expected to draw around 300 delegates to the Danish capital.
The ICMA was established in 1972 to provide a forum for maritime arbitrators and lawyers from around the world to exchange views and news of professional interest.
Aside from providing a forum for discussion and serious, scholarly papers, the Congress always includes a social program for accompanying persons and delegates.
What draws ICMA to Denmark?
The long-standing maritime tradition in Denmark is well-known. Denmark might be considered a small Nordic country but given its historic and widespread maritime and arbitration traditions, it has actually made large contributions in both of these areas.
Besides being able to say that Denmark is home to one of the largest shipowners in the world, many other significant shipowners are domiciled in Denmark in order to participate in the country’s comprehensive and well-developed shipping industry.
The Danish Institute of Arbitration as host organization
The Danish Institute of Arbitration was founded in 1981 as a non-profit private foundation and is supported by a circle of important business organizations such as the Danish Bar and Law Society, the Danish Arbitration Association and the Danish Shipowners’ Association. The Danish Institute of Arbitration is the only general center for alternative dispute resolution in Denmark and approximately one third of the Danish Institute of Arbitration’s case load is international.
This inaugural event is organised in conjunction with the CIArb Centennial Lecture that is celebrated to mark its 100th year of establishment and contribution to the arbitration industry.
The key highlights of KLIAW 2015 is the CIArb Centennial Lecture that will be delivered by Professor Doug Jones AO, a leading international commercial arbitrator in the Asia-Pacific region. The week will also see four streams on offer, namely the Islamic Arbitration (i-Arbitration) Conference, Sports Arbitration Conference, the Sanctions Conference and the annual RAIF Conference 2015.
For more information and for registration, visit http://kliaw.org/2015/
International Congress of Maritime Arbitrators Hong Kong – May 11-15, 2015
The International Congress of Maritime Arbitrators (ICMA) is an important academic exchange forum in the field of international maritime arbitration. Held for every two or three years, the 19th ICMA will be organized by Hong Kong Maritime Arbitration Group in Hong Kong in May 2015.
For more information and registration, please visit the website of the event, at:
The Danish Institute of Arbitration is pleased to invite you to the Conference on
Arbitration of Energy Disputes: New Challenges,
held in Copenhagen on September 1-2, 2014.
Registration is closed!
We recommend that you carefully review the Payment and Cancellation
Study of a Mock Case under the 2012 ICC Arbitration Rules
Period: From 12 to 14 September 2013
Venue: Dansk Erhverv, Børsen, Slotsholmsgade 1, 1217 København K
Every truly international arbitration practitioner and corporate counsel involved in or considering the use of arbitration is well advised to acquaint himself/herself with the ICC Rules of Arbitration 2012.This study of a mock arbitration case aims to meet the practical needs of those involved in international trade and investment and will simulate an ICC arbitration proceeding, highlighting differences in cultures and legal practices, and at the same time offer the participants the unique opportunity to exchange views with renown and experienced arbitration practitioners.
The PIDA training is using materials developed by the ICC in Paris. It includes the study of an international arbitration mock case based on the factual scenario of an international sales and service contract.
With the participants acting as counsel, arbitrators and witnesses, the training is designed to put the participants in a situation that is similar to a real life arbitration. The PIDA training’s secret to success is the combination of short academic presentations by the panelists and the practical simulation of an arbitration procedure, be it by drafting a Request for Arbitration, an Answer or Terms of Reference, by conducting a mock hearing or by scrutinizing a draft Final Award.
Find more details and registration form in the enclosed pdf
Revised Rules of Arbitration Procedure
The Danish Institute of Arbitration (DIA) is pleased to announce its adoption of revised Rules of Arbitration Procedure. The revised Rules will come into force on 1 May 2013. The new Rules are in line with the latest international standards.
Among the updates are:
The Rules are available in Danish, English, German, and French. The Rules will be available in Russian and Chinese in the near future. The Rules can be found on www.voldgiftsinstituttet.dk.
Please contact Steffen Pihlblad, Secretary General of DIA at firstname.lastname@example.org or +45 21636698 for further information about the Rules and/or DIA.
Seminar about current hot topics in international Arbitration.
Further details are available here
The Danish Chamber of Commerce assigns its arbitration activities
The Danish Chamber of Commerce has decided to assign its arbitration activities to the Danish Institute of Arbitration. The activities of the Chamber of Commerce have so far been conducted under the name of the “Arbitration Tribunal of the Danish Chamber of Commerce” or under similar designations.
The Danish Chamber of Commerce is now included in the circle of organizations supporting the Danish Institute of Arbitration, thereby following in the footsteps of a number of other leading Danish business organizations. Please go to the Institute’s website at www.danisharbitration.dk for further information.
Future disputes arising from contracts in which the parties have agreed to settle any disputes by arbitration arranged by the Danish Chamber of Commerce shall be filed with the Danish Institute of Arbitration.
The Danish Chamber of Commerce recommends to its members to refer to the dispute resolution clauses recommended by the Danish Institute of Arbitration. The Institute’s model clauses can be found on the Institute’s website at www.danisharbitration.dk.
After this assignment of the Chamber of Commerce’s arbitration activities, the Danish Institute of Arbitration is now the only general arbitration institute in Denmark.
This assignment does not involve, however, the Chamber of Commerce’s activities in ICC arbitrations or the activities of the Copenhagen Adjudication and Arbitration Committee for the Grain and Feedstuff Trade.
Contact Sven Petersen on phone 33 74 60 00 or Steffen Pihlblad on phone 21 63 66 98 for further information.
Maritime Arbitration in Denmark
A seminar presented by Danish Shipowners’ Association in association with the Danish Institute of Arbitration.
12 May 2009, at 14:30-17:00
at the premises of Danish Shipowners’ Association, Amaliegade 33, DK-1256 Copenhagen K
Everybody who is involved in concluding contracts in the field of maritime law should attend. Also attorneys, arbitrators, in-house counsel, academics and others with interest in the current developments in the field of maritime arbitration should attend.
Registration no later than 6 May 2009 on email@example.com is required. Registration is free of charge.
P R O G R A M M E
14:30-14:40: Welcome and Introduction
14:40-15:00: Settling disputes with the Danish Institute of Arbitration
15:00-15:45: Maritime Arbitration in Denmark and abroad
15:45-16:00: Coffee break
16:00-16:30: Maritime Arbitration in Denmark and abroad, continued
16:30-16:45: The interest of Insurance companies in alternative dispute resolution in maritime cases
16:45-17:00: Concluding remarks and questions
Liability and Compensation for Tanker Oil Spills – Arbitrate, Litigate or Mediate?
Organised jointly by BIMCO and Danish Arbitration
A new seminar on how to choose a proper way of handling legal disputes when a major oil-spill has occurred is scheduled for 21 May 2008 in Copenhagen. This one-day seminar has been made in co-operation with the former director of the International Oil Pollution Compensation Funds (IOPCFunds), Mr. Måns Jacobsson, and the Danish Arbitration (Voldgiftsinstitutet),and will take the participants through a thorough explanation about the relevant conventions, the purpose of the IOPC Funds and how they work. Finally an oil-spill case will be dealt with focusing on if litigation, arbitration or mediation would be suitable for the individual issues.
The Seminar will be conducted in English.
For more information regarding the seminar please contact:
Tel: +45 44 36 68 00
Fax: +45 44 36 68 68.