DENMARK Law and Practice Contributed by: Anne Buhl Bjelke, Johannes Grove Nielsen, Camilla Hudson and Rasmus Schmidt, Bech-Bruun
conditional on the party establishing security for any detriment and disadvantage inflicted on the opposing party.
in the language that is used in the parties’ arbitration agreement under Article 5 of the DIA Rules. Language If the language of the arbitration is not agreed by the parties, it is to be decided by the arbitral tribunal under Section 22 of the DAA. Filing of Statement of Claim/Defence Section 23 of the DAA relates to the filing of a state - ment of claim and statement of defence, while Section 25 of the DAA concerns instances where the claimant or defendant (without showing sufficient cause) fails to submit a statement of claim/defence, does not attend hearings or fails to produce documentary evidence. Section 24 of the DAA relates to the question of oral hearings. If requested by a party, the tribunal must hold these hearings. Otherwise, the proceedings can be conducted on a written basis. 7.2 Procedural Steps With the exception of Sections 18 and 27, the provi - sions in Chapter 5 of the DAA only apply when the parties have not agreed otherwise. See also 7.1 Gov- erning Rules . Section 18 of the DAA sets out the basic principles of equal treatment of the parties and the equal right for each party to fully present its case. These principles must be respected by the arbitrators. Under Section 27 (1) of the DAA, which the parties cannot derogate from, the arbitral tribunal or a party with the approval of the arbitral tribunal can request the national courts’ assistance in taking evidence, in line with the provisions of the AJA. This can, inter alia, be relevant if a witness is unwilling to give testimony before the arbitral tribunal (see 8.3 Powers of Com- pulsion ). Section 27 (2) of the DAA allows the arbitral tribunal to request the national courts refer the matter to the Court of Justice of the European Union (CJEU) if the ruling from the CJEU is necessary to enable the arbitral tribunal to issue the award. 7.3 Powers and Duties of Arbitrators Under Section 19 of the DAA, the arbitrators have wide discretion to conduct the proceedings in the
7. Procedure 7.1 Governing Rules
Chapter 5 (Sections 18–27) of the DAA contains provi - sions governing the procedure of arbitration. Except for those specified in 7.2 Procedural Steps , the pro - visions in this chapter apply by default if the parties have not agreed otherwise. In the absence of agree - ment between the parties, it follows from Section 19 (2) that the arbitral tribunal is vested with wide dis - cretion to conduct the proceedings in the manner it considers appropriate. Section 20 of the DAA relates to the place of arbi - tration. If the place is not determined by the parties’ agreement, the arbitral tribunal decides the place hav - ing regard to the circumstances of the case. If it follows from the arbitration agreement that arbitral proceedings are to be filed at a specific institution, the rules of the institution will govern the procedure of the arbitration. For example, if the proceedings are filed with the DIA, the place of arbitration is Copenhagen, unless otherwise agreed between the parties under If the parties have not agreed otherwise, it follows from Section 21 of the DAA that the arbitration commences when a written request for arbitration is received by the respondent. If the proceedings are filed with the DIA, it follows from Articles 4 (1) and 4 (2) of the DIA Rules that a state - ment of claim must be submitted to the DIA, and the date on which the DIA receives this statement of claim is the date on which the arbitration case is considered commenced. The statement of claim will be submitted to the DIA in the language the parties have agreed, and in the absence of an agreement, or if there is oth - erwise disagreement between the parties regarding the language, the statement of claim will be submitted Article 27 of the DIA Rules. Commencing Arbitration
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