Arbitrat ion in Denmark between UNICITRAL Model Law and New [601653]

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 was the first Nordic country to become a member of what we know as the UE today.
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 b een changed several times since then, most recently in
2008. The Arbitration Act provides a key p rinciple in Danish arbitration. Up until the 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 brief and contained only thirteen sections, and other principle
were derived from unwritten general principle of law.
In 2005 , a important reform of the Arbitration Act was applied , this act was revised 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, but unlike the Model Law the Act also applies
to national arbitration. The 2005 Act carried on the general principle of the parties autonomy, this does not
continue to be an absolute principle anymore.
The arbitration agreement has been given attenti on in national as well international arbitration literature.
Under N.Y. Conv. and UNICITRAL Model Law 1985, an arbitration agreement must be writing, the Danish
Arbitration Act does not have any similar requirement, and therefore Danish arbitration accepts such broader
variety of agreements.
Taking evidence before national Courts, the Arbitration Act iii provides th e arbitration tribunal or party , where
the tribunal agrees, with the possibility to request national court to take evidence under the rules of Da nish
Administration of Justice Act.
Regarding of legal capacity of the arbitrator the Arbitration A ct it similar to the Model Law as we know.
Another different aspect in the Danish Arbitration Act refers to finiteness of the arbitration award.
The finiten ess of the arbitration award implies that, based on a domination principle rule, the arbitration award
cannot be brough t before appealed to the courts.
If we look to the general tendency for increased use of arbitration, there are good reason to believe t hat 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 public 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 1 958 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.