DENMARK Law and Practice Contributed by: Jakob Lentz, Johannes Grove Nielsen, Camilla Hudson and Rasmus Schmidt, Bech-Bruun
and in an efficient, 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 hear - ings 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 on the types of remedies that an arbitral tribunal may 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 Under Danish law, parties are entitled to recover inter - est and legal costs. Under Section 34 of the DAA, the arbitral tribunal determines its own fees and the settlement of its expenses, unless the parties and arbitrators have agreed otherwise. The parties are jointly and sever - ally liable for the costs of the arbitral tribunal (see also Article 42 of the DIA Rules). Under Section 35 of the DAA, the arbitral tribunal can allocate the proportion of costs each party will bear. Within 30 days of receiv - ing notice of the costs, any party may request that the national courts review the determination of the costs of the arbitral tribunal under Section 34 (3) of the DAA. The possibility for a party to petition the national courts to review the determination of the costs cannot be derogated from by agreement under Section 2 (2) of the DAA. In most cases, the losing party will, in the award, be required to bear (some of, if not all) the legal costs of the winning party. However, the exact amount of legal costs recoverable by the winning party from its
counterparty is at the arbitral tribunal’s discretion. In recent years, there has been a growing tendency to award legal costs closer to the actual amounts paid by the parties. When arbitral proceedings are filed with the DIA, Arti - cle 40 (1) of the DIA Rules stipulates that the award will state the costs of the arbitration and the proportion of costs to be borne by the parties. The arbitrator’s costs are to be determined on the basis of an appendix to the Rules under Article 41 and Appendix 2 to the DIA Rules. The award will also determine whether a party will compensate the other party for reasonable costs, including legal costs under Article 40 (3) of the DIA Rules. It is the principal rule in Denmark that arbitral awards are unappealable. However, the national courts can, pursuant to Section 37 of the DAA, set aside an arbi - tral award or, in line with Section 39 of the DAA, refuse recognition or enforcement of an award. Contesting the validity of an award or refusing to enforce it can only be done in line with the grounds specified in each section (see 12.2 Enforcement Procedure ). The specific grounds listed in Sections 37 and 39 largely overlap. 11.2 Excluding/Expanding the Scope of Appeal The parties can agree that an arbitral award is appeal - able. This agreement will derogate from the principal rule (see 11.1 Grounds for Appeal ). The parties cannot agree that Section 37 (grounds for setting aside the award) or Section 39 (refusing recognition or enforce - ment of the award) is not applicable (see Section 2 (1) of the DAA). 11.3 Standard of Judicial Review As mentioned in 11.1 Grounds for Appeal , national courts may, under specific circumstances, challenge the validity of an arbitral award or refuse to recog - nise or enforce it. The grounds on which an arbitral award may be contested or recognition/enforcement 11. Review of an Award 11.1 Grounds for Appeal
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