DENMARK Law and Practice Contributed by: Anne Buhl Bjelke, Johannes Grove Nielsen, Camilla Hudson and Rasmus Schmidt, Bech-Bruun
country that has acceded to the New York Conven - tion. Under Section 39 of the DAA, enforcement of an arbi - tral award may, at the request of a party, be refused if that party provides sufficient evidence that: • a party to the arbitration agreement was under some form of incapacity, or the agreement is not valid; • the party against which the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise unable to present its case; • the award deals with a dispute not contemplated by or not falling within the terms of the arbitration agreement, or it contains decisions on matters beyond the scope of the submission to arbitration; • the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or with the law of the country where the arbitration took place; or • the award has not yet become binding on the par - ties or has been set aside or suspended. The court can also refuse to enforce an arbitral award if it finds that the subject matter of the dispute is not capable of settlement by arbitration under Danish law, or the recognition or enforcement of the award would be manifestly contrary to the public policy of the country. Commencing Enforcement Proceedings Enforcement proceedings can be commenced by fil - ing at the competent enforcement court ( Fogedretten) in accordance with Chapter 46 of the AJA. The com - petent enforcement court will generally be where the losing party is domiciled or has its usual place of busi - ness. A party applying for enforcement of an arbitral award must supply the court with a duly certified copy of the award, and of the arbitration agreement if the agree - ment is in writing. The documents will, if necessary, be accompanied by a duly certified translation into Danish.
A proceeding for setting aside an arbitration award will most likely not suspend enforcement. However, enforcement may be suspended if well-supported reasons can be provided – eg, if it is determined that there is a certain probability that the proceeding will lead to the arbitration award being set aside. 12.3 Approach of the Courts The list of grounds for the courts to refuse enforce - ment in Section 39 are exhaustive, and are generally construed narrowly by the courts. It is the primary rule that it is irrelevant whether the court responsible for the enforcement agrees with the assessment of the arbitrators. The DAA does not contain provisions that allow for class action arbitration or group arbitration. Articles 15 and 16 of the DIA Rules allow for consolidating various claims between the same parties under the same arbitration case or joinder of third parties (see 13.4 Consolidation ). Arbitration cases before the Arbi - tration Board very often have several parties (see 5.6 Jurisdiction Over Third Parties ). 13.2 Ethical Codes 13. Miscellaneous 13.1 Class Action or Group Arbitration The DAA does not contain provisions that allow for class action arbitration or group arbitration. Articles 15 and 16 of the DIA Rules allow the consolidation of various claims between the same parties under the same arbitration case or joinder of third parties (see 13.4 Consolidation ). Arbitration cases before the Arbi - tration Board very often have several parties (see 5.6 Jurisdiction Over Third Parties ). 13.3 Third-Party Funding The DAA does not contain provisions that allow for class action arbitration or group arbitration. Articles 15 and 16 of the DIA Rules allow for consolidating various claims between the same parties under the same arbitration case or joinder of third parties (see 13.4 Consolidation ). Arbitration cases before the Arbi - tration Board very often have several parties (see 5.6 Jurisdiction Over Third Parties ).
178 CHAMBERS.COM
Powered by FlippingBook