DENMARK Law and Practice Contributed by: Johannes Hedegaard and Tobias Bøgh, Bruun & Hjejle
set aside or suspended is a party to the European Convention on International Commercial Arbitration of 21 April 1961 (the Geneva Convention). • The burden of proof lies with the party against whom the award is being invoked. In addition, the court must, of its own motion, refuse to enforce an arbitral award if the following conditions apply: • the subject matter of the dispute cannot be settled by arbitration under the laws of Denmark; or • the recognition or enforcement of the award would be contrary to the public policy of Denmark (ordre public). Thus, enforcement may not be refused solely on the basis that the arbitral tribunal misapplied the law or misjudged the facts.
With regard to the ordre public reservation, the Danish Supreme Court has (in a case published in the Danish Weekly Law Reports (UfR 2016.1558/2 H)) established that an arbitral award can only be set aside accord - ing to this provision in exceptional cases where the arbitral tribunal has committed such extremely seri - ous errors that the arbitral award is manifestly incom - patible with Danish public policy. It is insufficient for an award to be contrary to mandatory rules of law in isolation. If the grounds for refusal only apply to a part of the arbitral award, then only that part will be refused enforcement (see Section 39 (2) of the Danish Arbi - tration Act). If an application for the setting aside or suspension of an arbitral award has been submitted to a competent court, the enforcement proceedings may be stayed, or the party seeking enforcement may be ordered to provide adequate security (see Section 39 (3) of the Danish Arbitration Act).
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