International Commercial Arbitration at Denmark
Here’s an overview of International Commercial Arbitration in Denmark to help you understand the framework and key features:
International Commercial Arbitration in Denmark
1. Legal Framework:
Denmark has adopted the UNCITRAL Model Law on International Commercial Arbitration through the Danish Arbitration Act (Lov om voldgift, Act No. 936 of 2005).
Denmark is a party to the New York Convention (1958), ensuring recognition and enforcement of foreign arbitral awards.
The Arbitration Act governs both domestic and international arbitration, with specific provisions for international cases.
2. Arbitration Institutions:
The primary institution is the Danish Institute of Arbitration (DIA), which administers arbitration proceedings under its rules.
Parties can also choose international institutions such as the ICC, LCIA, or others to administer their arbitration.
3. Arbitration Agreement:
Arbitration must be based on a written agreement (arbitration clause or separate agreement).
The agreement should define the seat of arbitration, applicable rules, number of arbitrators, and language if desired.
4. Seat of Arbitration:
Copenhagen is the most common and preferred seat for arbitration in Denmark.
The seat determines the procedural law applicable to the arbitration and the courts with supervisory jurisdiction.
5. Court Support & Supervision:
Danish courts support arbitration by enforcing arbitration agreements and arbitral awards.
Courts can provide interim measures and assist with evidence collection but generally do not interfere with the arbitral process itself.
6. Recognition and Enforcement:
Arbitral awards are enforceable in Denmark in line with the New York Convention.
Danish courts are known for their pro-arbitration stance and efficiency in enforcement.
7. Advantages:
Denmark offers a neutral and arbitration-friendly jurisdiction.
The Danish Arbitration Act promotes party autonomy and procedural flexibility.
Copenhagen provides a modern, well-equipped venue with access to experienced arbitrators and legal experts.
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