DENMARK Law and Practice Contributed by: Anne Buhl Bjelke, Johannes Grove Nielsen, Camilla Hudson and Rasmus Schmidt, Bech-Bruun
10. The Award 10.1 Legal Requirements
exceptions. For example, individuals closely related to a party do not have this duty. Additionally, the arbitral tribunal can order any party or third party to produce certain documents that are (or are believed to be) under its disposal. However, the arbitral tribunal does not have any coercive pow - ers in the event of non-compliance. In these cases, the arbitral tribunal can refer to the national courts and request assistance in securing the evidence. In line with the provisions found in the AJA, the national courts only have coercive powers if the unwilling sub - ject is a third party. The prevailing view is that there are no general rules in Danish law asserting that arbitral proceedings or materials from arbitral proceedings are confidential. Following this view, the parties are not necessar - ily obliged to maintain confidentiality regarding the case. In practice, hearings are mostly not held with free access for the public. The parties are also free to enter into an agreement according to which they undertake a duty of confidentiality. The extent of the confidentiality will then depend on the terms of the parties’ agreement, but such agreements are com - mon. If the arbitral proceedings are filed with the DIA, under Article 28 (4) of the DIA Rules the arbitral tribunal can (if requested by a party) decide that the proceedings be kept confidential. The arbitral tribunal can also take measures to protect trade secrets and confidential information. 9. Confidentiality 9.1 Extent of Confidentiality Proceedings at the Arbitration Board are confidential except for the award, which the Arbitration Board can choose to publish in anonymous form if the parties do not object thereto under Section 43 of the Rules of the Arbitration Board.
Section 31 of the DAA establishes that the award must be in written form and signed by the arbitrators (or by the majority of the arbitrators). The award must be provided with the date and place as well. In addi - tion, the award must state the reasons it is based on, unless the parties have agreed otherwise or the parties have asked for a consent award; for example, in cases where a settlement agreement has been reached. Article 39 of the DIA Rules outlines similar require - ments for the form and content of the award. The DAA contains no explicit time limits on the delivery of the award. If the arbitration takes place at the DIA, it is a fundamental principle that the arbitral tribunal ensures that the arbitration is conducted within rea - sonable time and in an efficient and cost-conscious manner (see Article 28 (1) of the DIA Rules). Under Article 39 of the Rules the award must be submitted by the arbitral tribunal as soon as possible after the conclusion of the oral hearings and, if possible, no later than six months from when the case was referred to the arbitral tribunal by the secretariat of the DIA. Under Section 25 (2) of the Rules of the Arbitration Board, the arbitral tribunal must deliver the award as early as possible and, in so far as possible, no later than four weeks after the hearing is concluded. 10.2 Types of Remedies There are no general limitations in Danish law as to the types of remedies that an arbitral tribunal can award. Unless the parties have agreed otherwise, the arbitral tribunal may award any remedy it finds appropriate. However, the legitimacy of remedies contrary to public policy may be questionable. For the award to be enforceable at the national courts, its conclusion must be clear. 10.3 Recovering Interest and Legal Costs Parties are, under Danish law, entitled to recover inter - est and legal costs.
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