FINLAND Law and Practice Contributed by: Julia Pekkala, Mikko Leppä, Risto Sandvik and Nuutti Kortelainen, HPP Attorneys Ltd
7.3 Powers and Duties of Arbitrators The Arbitration Act imposes various powers and duties upon arbitrators. As examples of powers, the Arbitration Act gives arbi - trators the power to: • determine the place of arbitration (when the par - ties have not come into agreement on the place of arbitration); • request (not order) the parties to hand over all the documents that may have relevance in the matter; • request that a party, a witness or any other person appear to be heard in the matter; • request a party or any other person in posses - sion of a document or other object that may have relevance as evidence to produce the document or object; and • appoint an expert witness to conduct examina - tions. As examples of duties, the Arbitration Act imposes upon arbitrators the duty to: • determine the language of the arbitration proceed - ings (unless the parties have agreed thereupon); • promote an appropriate and expedient settlement of the matter; • issue an order for the termination of the arbitral proceedings if the parties agree not to continue the arbitration; • decide the dispute in accordance with law, which In Finland, representing a client in court is generally only possible for persons who meet certain qualifi - cations. An attorney-at-law (a member of the Finn - ish Bar Association), a public legal aid attorney or a licensed legal counsel may serve as an attorney or legal counsel in court. However, in arbitral proceed - ings, a party’s legal representative does not have to meet these qualifications, as there are no restrictions concerning representation before an arbitral tribunal. Finnish attorneys-at-law must comply with the Finn - ish Bar Association’s Code of Conduct in arbitral pro - the parties may have designated; and • render the award in writing and sign it. 7.4 Legal Representatives
As with interim measures granted by an arbitral tri - bunal, interim measures granted by emergency arbi - trators are not enforceable. As expressed in the FAI Rules, the provisions concerning the appointment of an emergency arbitrator are not intended to prevent a party from seeking urgent interim protection measures from a competent judicial authority. 6.3 Security for Costs The Arbitration Act grants arbitrators the right to order a party to compensate the other party for their costs in the arbitration proceedings, in whole or in part. However, parties may also agree otherwise. Arbitra - tors may demand an advance on the compensation for their work and expenses, or a security thereof. In institutional arbitration under the FAI Rules, the par - ties are obliged to pay an advance on costs fixed by the Institute. National courts are not explicitly authorised to impose security for costs under the Arbitration Act. However, nothing prevents a party from seeking interim relief from a court to ensure coverage of the costs. 7. Procedure 7.1 Governing Rules Arbitration and arbitral procedures are governed by the Arbitration Act. Parties to arbitration are generally free to agree on the procedure of arbitration, and may choose to agree on institutional arbitration under the FAI Rules, for exam - ple. See also 7.2 Procedural Steps and 7.3 Powers and Duties of Arbitrators regarding the provisions of the Arbitration Act on the procedure of arbitration. 7.2 Procedural Steps The Arbitration Act does not include many procedural rules. It requires only that: • the parties are given sufficient opportunity to pre - sent their case; • the arbitrators shall take into account the require - ments of impartiality and expediency; and • the arbitrators shall promote an appropriate and expedient settlement of the matter.
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