Arbitrat ion in Denmark between UNICITRAL Model Law and New [601644]

1
″ Arbitrat ion in Denmark between UNICITRAL Model Law and New
York Convention ″, evolution during of time.
Comparative International Arbitration – second semester,
Lazar Carmen Elena, student: [anonimizat] ″International Arbitration″ ,
University of Law Bucharest, class 2015 -2016 .

In 1973 Denmark to be come a member of the UE as we know now, it’s the first Nordic country of UE and adopt
new Arbitration Rules. Arbitration s ubjects to Danish jurisdiction is regulated by the Danish Arbitr ation, so any
disputes ( national as well and International ) ar bitration take place in Denmark, and only few instance abroad is
regulated by Act .i The first Arbitration Act was passed in 1972 and has been changed several times since then,
most recently in 2008. The Arbitration Act provides the main principle in Danish ar bitration. Arbitration Act
form 1972, Book 1 -6-1 of the Danish Law constituted the sole arbitration legal basis in Denma rk, the main
scope as to keep the rules simple and clear. The Act was very short and contained only thirteen sections, and
other principle were derived from unwritten general principle of law.
A important reform of the Arbitration Act was applied in 2005 , this act was revised again in 2008, and the
main scope was to make the arbitration rules to be more clear. Few changes were introduced in terms of legal
position by the Actii. The Act is based on UNICITRAL Model Law as many others countries , but unlike the Model
Law the Act also applies to national arbitration. The 2005 Act carried on the general principle of the parties
auton omy, this does not continue to be an absolute principle anymore.
The arbitration agreement has been given attention in national as well inte rnational arbitration doctrine. Under
New York Conv ention and UNICITRAL Model Law 1985, an arbitration agreement mu st be writing, the Danish
Arbitration Act does not have any similar requirement, and therefore Danish arbitration accepts suc h broader
variety of agreements, been more free in thi s direction.
Taking evidence before national Courts, the Arbitration Act iii provides th e arbitration tribunal o r party , where
the tribunal agrees, with the possibility to request national court to take evidence under the rules of Danish
Administration of Justice Act.
Regarding of legal capacity of the arbitrator the Arbitration A ct it similar to the Model Law as w e know.
Another different aspect in the Danish Arbitration Act refers to finiteness of the arbitration award.
The finiteness of the arbitration award implies that, based on a domination principle rule, the arbitration award
cannot be brough t before appeale d to the courts.
If we look to the general tendency for increased use of arbitration, there are good reason to believe that the
Danish Business sector will increasingly let disputes be resolved by arbitration inste ad of by litigation, because
2

of the reform of judicial system which support the redefinition of the role of the Supreme Court from an
appeal court to a court that decides mainly cases of general pub lic importance.
I will argue in the end of this short essay that, arbitration will become only more importa nt in Denmark in the
future .

Bibliography :
1. ″ An introduction to arbitration in Denmark and some trends″ , by attorney Rene Offersen, Lett Law
Firm.

i Furthermore, Denmark acceded to the New York Convention of 1958 by which the ratifying states will acknowledge and execute
international arbitration awards.

ii Section 7(2) of the 2005 Act sets out that no arbitration agreements may be concluded beforehand in consumer relation, and se ction 17
sets out that an arbitration tribunal may take interim measures.
iii Section 17.