DENMARK Law and Practice Contributed by: Jakob Lentz, Johannes Grove Nielsen, Camilla Hudson and Rasmus Schmidt, Bech-Bruun
6.3 Security for Costs Under Section 36 (1) of the DAA, an arbitral tribunal may order the parties to provide security for the tri - bunal’s fees and expenses. In most cases, the secu - rity will be ordered by the tribunal or the institution at which the arbitration is being conducted. The arbitral tribunal has the power to determine the nature and extent of the security. Unless agreed otherwise, the arbitral tribunal cannot order security for a party’s costs to the other party. If the parties have agreed to use the DIA Rules, for example, the arbitral tribunal can order a party upon request to provide security for the other party’s costs under Article 12 (3) of the DIA Rules. Specifically in relation to instances where the arbitral tribunal requires a party to take interim measures (see 6.1 Types of Relief ), it further follows from Section 17 of the DAA that the arbitral tribunal can require any party to provide appropriate security in connection with the measures. The arbitral tribunal may deter - mine that the security is a condition for the requested interim measure. In proceedings before national courts brought by a plaintiff not domiciled in the EU/European Economic Area, the courts may order a party to provide secu - rity for costs. However, security cannot be ordered by the courts when the plaintiff is domiciled in a country where the security will not be ordered for plaintiffs from Denmark. Specifically, in procedures for interim measures before national courts, the court may provide interim relief conditional on the party establishing security for any detriment or disadvantage inflicted on the opposing party.
(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 arbitra - tion. If the parties’ agreement does not determine the place, the arbitral tribunal decides the place having 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, Section 21 of the DAA provides that arbitration commences when the respondent receives a written request for arbitra - tion. 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 other - wise disagreement between the parties regarding the language, the statement of claim will be submitted in the language that is used in the parties’ arbitration agreement under Article 5 of the DIA Rules. Language If the parties do not agree on the language of the arbi - tration, 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. In contrast, Section 25 of the DAA concerns instances where the claimant or defendant (without showing sufficient cause) fails to submit a statement of claim/defence, Article 27 of the DIA Rules. Commencing Arbitration
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
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