FINLAND Law and Practice Contributed by: Tuuli Timonen, Annika Lampela and Tony Chokairy, Dottir Attorneys
10. Dispute Resolution and AI 10.1 Regulation
EU Judgments In the case of EU judgments, the resisting party may apply for refusal of recognition or enforcement under the Brussels I Recast Regulation. The available grounds include public policy, lack of proper service in default proceedings and irreconcilability with another judgment. Non-EU Judgments For non-EU judgments, recognition and enforcement are not governed by a single comprehensive statutory regime but instead depend on applicable international treaties or specific statutory provisions. The Finnish Act on International Legal Assistance and Recognition and Enforcement of Judgments in Civil and Commer- cial Matters contains procedural provisions on the rec- ognition and enforcement of foreign judgments, but the Act does not establish independent substantive grounds for recognition. In the absence of an interna- tional treaty or statutory provision, foreign judgments are not directly enforceable in Finland, although they may have evidentiary value. In practice, Finnish courts may consider factors such as whether the foreign court had an acceptable jurisdictional basis, whether the proceedings complied with due process require- ments (including proper service and the right to be heard), whether the judgment is final, whether it con- flicts with existing judgments and whether recognition would be contrary to Finnish public policy. Domestic Arbitral Awards To resist enforcement of a domestic arbitral award, the opposing party may invoke the limited grounds set out in the Finnish Arbitration Act, such as nullity or a prior decision setting aside the award. In relation to foreign arbitral awards, the resisting party must establish one of the refusal grounds set out in the Finnish Arbitra- tion Act, which implements and reflects the New York Convention, such as the invalidity of the arbitration agreement or serious procedural irregularities. In practice, resistance most commonly takes the form of opposing enforcement or seeking a stay of enforce- ment. In the case of arbitral awards, parties may also initiate setting-aside proceedings before the court in parallel with the enforcement proceedings. However, such challenges are only rarely successful.
The use of artificial intelligence in dispute resolution is not specifically regulated under Finnish procedural law. However, the broader regulatory framework gov- erning digital technologies, data protection and pro- fessional responsibility applies to the use of AI tools in legal practice. In practice, the use of AI in dispute resolution currently falls within general professional and ethical obligations applicable to lawyers and legal service providers. 10.2 Impact Artificial intelligence is gradually influencing dispute resolution in Finland, primarily through tools that assist with legal research, document review and the analysis of large volumes of material. Law firms increasingly use AI-based technologies to identify relevant infor- mation more efficiently and support case preparation. 10.3 Future The Finnish courts have adopted digital tools relative- ly late, but they now embrace broader digitalisation, including electronic filing systems and even remote witness hearings in limited circumstances. AI is, however, not currently used in the courts themselves. Although the topic has attracted growing attention, implementation has been slow. One of the reasons is the Finnish state’s strict informa- tion security framework, which has made the adoption of AI tools in judicial processes particularly cautious. In addition, practical constraints such as competing priorities have slowed broader implementation. Looking ahead, AI is nevertheless likely to become increasingly important in dispute resolution in general, particularly in areas such as document management. However, the core judicial function of evaluating evi- dence and applying the law is expected to remain with human judges and arbitrators.
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