DENMARK Law and Practice Contributed by: Jakob Lentz, Johannes Grove Nielsen, Camilla Hudson and Rasmus Schmidt, Bech-Bruun
does not attend hearings or fails to produce docu - mentary evidence. Section 24 of the DAA addresses oral hearings. If requested by a party, the tribunal must hold these hearings. Otherwise, the proceedings may be con - ducted in writing. 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. The arbitrators must respect these principles. 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, may request the assistance of the national courts in taking evi - dence, 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 Compulsion ). Section 27 (2) of the DAA allows the arbitral tribunal to request that the national courts refer the matter to the Court of Justice of the European Union (CJEU) if a ruling from the CJEU is necessary for 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 way they see fit. According to Section 19 (2) of the DAA, it is explicitly stated that the power vested in the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence. It follows from Section 18 of the DAA that it is the duty of the arbitrators to ensure equal treatment of the par - ties, as well as to ensure that each party is given a fair opportunity to present its case. In line with Section 12, arbitrators must also be impartial and independent. Both prospective and acting arbitrators are under a duty to remain impartial and independent of the par -
ties. They must disclose any circumstances likely to give rise to justifiable doubts as to their impartiality or independence. 7.4 Legal Representatives In arbitral proceedings, there are no statutory provi - sions outlining specific qualifications or other require - ments for legal representatives. A party can decide not to assume legal counsel at all (although this is not recommended in most cases). However, there are legal requirements for representa - tives acting on behalf of their clients before the regu - lar courts in Denmark. As a rule, a legal representa - tive must be a Danish Bar-qualified lawyer (or an EU lawyer admitted to practice in Denmark) in order to appear before the national courts. 8. Evidence 8.1 Collection and Submission of Evidence While the parties can, to a large extent, customise the proceedings as they wish, arbitration in Denmark is often conducted uniformly. The principal rule is that the parties themselves are responsible for collecting and submitting the evidence they consider relevant and necessary for the case. If relevant, the parties can also agree on the factual circumstances to be assumed by the arbitral tribunal in considering its award. In terms of collecting evidence, a party can request disclosure of documents from the other party. If the disclosure order by the arbitral tribunal is not complied with, the tribunal can choose to apply adverse infer - ence to the disadvantage of the non-complying party. The courts cannot force disclosure upon a party to the case. However, it is possible to request assistance from the courts to force disclosure upon a third party. The use of written witness statements in arbitration has become widespread, particularly in internation - al arbitration, influenced by the procedures used in such cases, including the IBA rules. This is particularly applicable to cases before the DIA. The parties also commonly submit separate reports from experts. The arbitral tribunal can also initiate a process involving
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