FINLAND Law and Practice Contributed by: Tuuli Timonen, Annika Lampela and Tony Chokairy, Dottir Attorneys
9. Enforcement 9.1 Enforcement of Judgments
Foreign arbitral awards are recognised and enforced in Finland primarily under the New York Convention, as implemented in the Finnish Arbitration Act. A party seeking enforcement must submit the arbitral award and the arbitration agreement, after which the Finnish court assesses whether any grounds for refusal exist. Finnish courts adopt a pro-enforcement approach, and refusal of enforcement is exceptional. The burden of proof lies on the party opposing enforcement, and the grounds for refusal are interpreted restrictively. In practice, enforcement is usually unsuccessful only where practical obstacles, such as the debtor’s insol- vency, prevent recovery. 9.3 Length of Time Enforcement proceedings in Finland are generally effi- cient, but the overall duration depends on whether the enforcement is contested and on the nature of the assets involved. Where enforcement is straightforward and uncontest- ed, enforcement measures may begin relatively quickly after the enforcement application is filed with the Finn- ish enforcement authorities, often within a few weeks. The enforcement process is carried out by the National Enforcement Authority, which is responsible for imple- menting measures such as asset attachment and sale. The subsequent timeline depends largely on the avail- ability and type of assets available for enforcement. If court involvement is required (eg, to obtain an enforcement order for an arbitral award or where enforcement is challenged), the process may take several months. Appeals or parallel annulment pro- ceedings may further extend the timeline. In practice, delays are more commonly related to practical issues, such as locating assets or the debt- or’s insolvency, rather than procedural inefficiencies. 9.4 Grounds for Resisting Enforcement A party seeking to resist enforcement in Finland must typically raise specific objections before the com- petent court or enforcement authority. The available grounds are limited and must generally be invoked by the resisting party, although certain issues may also be considered ex officio.
The recognition and enforcement of foreign judg- ments in Finland depend primarily on applicable EU legislation, international treaties and, in their absence, national law. Judgments from EU member states are generally recognised and enforced under EU regulations, most notably the Brussels I Recast Regulation, which is based on the principle of mutual recognition. Under this framework, judgments are recognised automati- cally without separate proceedings, and enforcement typically requires submitting the judgment together with the prescribed certificate to the Finnish enforce- ment authorities. Judgments from non-EU jurisdictions may be recog- nised and enforced on the basis of applicable interna- tional conventions or, in their absence, Finnish domes- tic law. In such cases, enforcement generally requires a court procedure in which the Finnish court assesses whether the judgment meets the relevant conditions, including procedural fairness and compatibility with Finnish public policy. Even where a foreign judgment is not formally rec- ognised or enforceable, it may still have evidentiary value in Finnish proceedings, depending on the cir- cumstances. 9.2 Enforcement of Arbitral Awards Domestic arbitral awards are enforceable in Finland through enforcement proceedings based on a court order granting enforcement. Once such an order has been obtained, the award may be enforced in the same manner as a final court judgment. In practice, however, arbitral awards are most often complied with voluntarily. The grounds for refusing enforcement of a domestic arbitral award are narrow. Enforcement may be denied only if the award is null and void, has been set aside by a court, or if enforcement has been prohibited in connection with annulment proceedings. The courts do not review the merits of the award when consider- ing enforcement.
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