FINLAND Law and Practice Contributed by: Tuuli Timonen, Annika Lampela and Tony Chokairy, Dottir Attorneys
mandatory general pre-action protocol that parties must follow before initiating litigation. However, in practice, parties typically send written demands or engage in negotiations before commenc- ing proceedings. In addition, the Code of Conduct of the Finnish Bar Association requires that an attorney should not – without a special reason – initiate legal proceedings without first giving the opposing party a reasonable opportunity to consider the matter and attempt an amicable resolution. Failure to attempt settlement does not usually ren- der the proceedings inadmissible or prevent the court from hearing the case. However, in some cases, the parties’ pre-action conduct may also be considered when the court decides on costs. In addition, an attor- ney breaching the Code of Conduct may be subject to supervision and possible disciplinary measures within the Bar framework. 2.4 Stages of Court Proceedings Civil proceedings in Finland generally consist of writ- ten and oral phases. Proceedings are front-loaded, with significant emphasis on preparatory exchanges before the main hearing.
The overall duration of proceedings varies depending on the complexity of the case and the stage of the proceedings. Straightforward commercial cases may be resolved within 12 to 18 months at first instance, while complex disputes or cases involving extensive evidence may take longer. Appeals typically add an additional one to two years. Handling times also vary between courts. The busiest district courts, such as Helsinki, Itä-Uusimaa and Län- si-Uusimaa, generally have longer processing times than courts with a lighter caseload. 2.5 Confidentiality Court proceedings in Finland are generally public. Hearings are open to the public, and judgments are publicly available. This reflects the constitutional prin- ciple of transparency in court proceedings. However, the court may order that parts of the pro- ceedings or certain documents must remain confiden- tial if they contain trade secrets, sensitive business information or personal data. In such cases, the court balances the principle of openness against the need to protect legitimate confidentiality interests. Certain types of disputes, such as those involving minors or sensitive personal matters, may involve broader confidentiality protections. In commercial litigation, confidentiality is typically limited to specific documents or evidence rather than the entire pro- ceeding. 2.6 Interim Relief Finnish courts may grant a range of interim measures to secure a party’s rights pending final resolution of a dispute. Interim relief is available where the appli- cant demonstrates a plausible claim and a risk that enforcement of the final judgment would otherwise be jeopardised or that significant harm could occur. Common types of interim relief include: • attachment of assets, which secures a monetary claim by freezing the opposing party’s property; • prohibitory injunctions preventing a party from tak- ing certain actions; and
The main stages typically include: • filing of the statement of claim;
• submission of a written response by the defendant; • written preparatory submissions and possible pre- paratory hearings; • the main hearing, where evidence and witness
testimony are presented orally; and • deliberation and written judgment
The preparatory phase aims to clarify the claims, legal grounds and evidence to ensure that the main hearing can be conducted efficiently. The main hearing is usu- ally concentrated and may last from one day to several weeks or, in complex cases, months. Proceedings before the market court are varied in nature but, in general, they progress faster than the proceedings in civil courts. The general structure is, however, the same.
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