International Commercial Arbitration at Greenland (Denmark)
Here’s an overview of International Commercial Arbitration in Greenland (Denmark):
International Commercial Arbitration in Greenland (Denmark)
1. Legal and Jurisdictional Context
Greenland is an autonomous territory within the Kingdom of Denmark.
While Greenland has extensive self-rule, its legal system in commercial matters, including arbitration, largely follows Danish law and international agreements to which Denmark is a party.
Arbitration in Greenland is governed under the umbrella of Danish arbitration law, notably the Danish Arbitration Act (Act No. 763 of 2005).
Denmark is a signatory to the 1958 New York Convention on the recognition and enforcement of foreign arbitral awards, which applies to Greenland.
2. Applicable Arbitration Law
The Danish Arbitration Act incorporates the UNCITRAL Model Law on International Commercial Arbitration, providing a modern legal framework for arbitration.
Greenland does not have a separate arbitration statute; Danish rules apply in the absence of local legislation.
The courts of Greenland are limited, so arbitration and Danish courts’ supportive jurisdiction play a crucial role.
3. Arbitration Institutions
Greenland itself does not have a dedicated arbitration center.
Parties typically use Danish arbitration institutions such as:
Danish Institute of Arbitration (DIA)
For international disputes, parties often select prominent international arbitration centers (e.g., ICC, LCIA, SCC).
4. Key Features
Arbitrability: Most commercial disputes can be arbitrated, except for some matters involving sovereignty, criminal law, or public policy.
Arbitration Agreement: Must be in writing and clearly specify arbitration as the dispute resolution method.
Procedural Flexibility: Parties have wide freedom to agree on procedure, seat, language, and number of arbitrators.
Court Support: Danish courts (and by extension Greenland) support arbitration by enforcing arbitration agreements, appointing arbitrators when necessary, and enforcing or annulling awards.
5. Enforcement of Arbitration Awards
Awards made in arbitration seated in Greenland or Denmark are enforceable in Greenland.
Foreign awards are recognized and enforced in Greenland under the New York Convention through Danish legal channels.
Courts take a generally pro-arbitration stance, limiting interference to well-defined grounds.
6. Practical Considerations
Given Greenland’s remote location and limited infrastructure, arbitration hearings involving Greenlandic parties are typically held in Denmark or conducted virtually.
The choice of the seat of arbitration is usually Denmark or other international hubs for convenience.
Summary
Greenland relies on Danish arbitration law and international conventions, making it subject to a strong and modern arbitration regime aligned with global standards. While Greenland itself does not have specific arbitration institutions, Danish law and institutions govern arbitration involving Greenland. Arbitration is a reliable, enforceable, and internationally recognized dispute resolution method for commercial parties connected to Greenland.
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