DENMARK Law and Practice Contributed by: Johannes Grove Nielsen, Camilla Søgaard Hudson, Lars Rosenberg Overby and Malthe Hersom Kløft, Bech-Bruun
• Loss caused by delay of luggage is: (a) 1,800 SDR for hand luggage; (b) 10,000 SDR per vehicle; and (c) 2,700 SDR per passenger for other luggage. Liabilities cannot be limited if the loss is caused with intent or gross negligence. Claims for indemnities for personal injury of a passen - ger may serve as a basis for a maritime lien. 7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading Generally, Danish courts recognise and enforce law and jurisdiction clauses stated in bills of lading. Any prior agreement that restricts the plaintiff’s right to have disputes regarding carriage of goods decided by civil legal proceedings shall be void to the extent that it restricts the plaintiff’s right, at their option, to institute an action with a court at one of the following places: • the principal place of business or, in the absence thereof, the habitual residence of the defendant; • the place where the contract was made, provided that the defendant has there a place of business, a branch or an agency through which the contract was made; • the port of loading agreed in the contract of car - riage; or • the agreed or actual port of discharge, pursuant to the contract of carriage. However, this does not prevent a party from institut - ing an action with a court at the place stated in the contract of carriage, nor does it prevent the parties from agreeing on how a dispute is to be settled once it has arisen. 7.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading If a bill of lading has been completed pursuant to a chartering agreement, and that chartering agreement contains an arbitration clause, unless the bill of lad -
ing expressly states that such a clause is binding on the holder of the bill of lading, the carrier may not invoke the provisions against a holder of a bill of lading who has acquired it in good faith. Thus, an arbitration clause mentioned in the charterparty is only binding on the holder of a bill of lading if the bill of lading expressly refers to the clause. 7.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Denmark is a party to the 1958 New York Conven - tion on the Recognition and Enforcement of Foreign Arbitral Awards. The general rule is that foreign arbitral awards are recognised and can be enforced in Den - mark, except for in a few statutory cases, such as if the arbitral award is clearly incompatible with Danish law or if the award is void. The Danish Arbitration Act is based on the 1985 UNCI - TRAL Model Law and the 1958 New York Convention. 7.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction Under Danish law, arrest can be obtained if the requirements set out in 5. Maritime Liens and Ship Arrests are met. The jurisdiction and applicable law of the underlying material claim is irrelevant, and a Dan - ish court will thus order the arrest of a vessel even if the relevant claim is subject to foreign arbitration or jurisdiction, due to an arbitration or jurisdiction clause in the relevant contract. 7.5 Domestic Arbitration Institutes Denmark has a domestic arbitral institution: the Dan - ish Institute of Arbitration. It does not specialise in maritime arbitration, but maritime disputes are occa - sionally arbitrated with the Danish Institute of Arbitra - tion. In addition, maritime disputes can be arbitrated with the Nordic Offshore & Maritime Arbitration Asso - ciation, facilitating international maritime and offshore arbitration in the Nordic countries. Denmark also has a well-established Mediation Insti - tute, and maritime disputes can be mediated with the assistance of the Mediation Institute if the parties so agree prior to or once a dispute arises. During court cases, the courts also normally offer court mediation.
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