FINLAND Law and Practice Contributed by: Julia Pekkala, Mikko Leppä, Risto Sandvik and Nuutti Kortelainen, HPP Attorneys Ltd
8.3 Powers of Compulsion An arbitral tribunal may order a party or any other per - son in possession of a document or other object that may have relevance for the outcome of the dispute to produce the document or object in question, either at the request of a party or on its own motion. The arbi - tral tribunal may also request that a party or any other person appears to be heard in the matter. The arbitral tribunal does not, however, have the power to impose fines or order other coercive measures, nor administer an affirmation. The arbitral tribunal may instead attach evidentiary weight to the fact that a party disregards the arbitral tribunal’s request to produce documents. Consequently, arbitral tribunals’ requests to produce evidence are generally well respected. Subject to approval of the arbitral tribunal, a party may also apply to the District Court for an order that a party, witness or expert be heard by the court under oath, or that a party or a third person be compelled to present a document or object that may be relevant as evidence in the case. Although the option is available, it is rare for arbitral tribunals to involve courts in taking evidence in arbitration proceedings. Arbitration is private in the sense that information on the existence of the arbitration cannot be obtained from any public register, and arbitration proceedings are not public. However, arbitration is not automati - cally confidential. The Arbitration Act does not contain any express provisions regarding confidentiality in arbitration pro - ceedings. The FAI Rules contain a broad obligation of confidentiality for the arbitral tribunal, the FAI and the parties, which shall apply unless otherwise agreed by the parties. 9. Confidentiality 9.1 Extent of Confidentiality In the absence of a confidentiality agreement or refer - ence to institutional rules providing for confidentiality, the arbitration or its constituent parts are not inher - ently confidential.
statements, the witness statements will usually be used in place of direct examination. However, it is general practice that the witness who has submitted a witness statement shall, upon request of the opposing counsel, appear at the hearing for cross-examination. Disclosure Arbitrators may request parties to disclose documents that may be relevant as evidence. This request may be initiated either by the arbitral tribunal on its own initia- tive or at a party’s request. Should a party make such a request, the documents must be identified with suf - ficient detail, and Finnish arbitration law is unfamiliar with common law type discovery. In practice, arbitral tribunals readily issue requests for disclosure if the identification requirement is fulfilled and the requested documents are not clearly irrelevant. So-called fishing expeditions are not allowed under Finnish law. Privilege Rules The Arbitration Act does not contain specific provi - sions on privilege, but it is generally held that rules of privilege apply in arbitration. Legal privilege does not, at the outset, apply to in-house legal counsel, but any attorney-client exchange of information or documents is covered by legal privilege. 8.2 Rules of Evidence In Finland, arbitrators – like judges – may freely evalu - ate the evidence presented by the parties. No formal rules of evidence exist. The parties are free to agree on the applicable rules of evidence as well as the type of evidence admissible. In the absence of such agreement, the arbitral tribunal may decide on the conduct of the proceedings as it sees fit, taking the provisions of the Arbitration Act and the requirements of impartiality and speed into consideration. The same rules of evidence apply in both international and domestic arbitration, without distinction. The IBA Rules on the Taking of Evidence in Interna - tional Arbitration are broadly used as reference or directly applied in arbitrations seated in Finland.
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