DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
See also 9.3 Pre-judgment and Post-judgment Interest and 9.5 Enforcement of a Judgment from a Foreign Country in this regard. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country There is a positive view on ADR in Denmark, and parties are encouraged to seek a resolution to their dispute outside of court proceedings when involved in a court case. When a lawsuit is initi- ated, the parties are actively encouraged to con- sider whether they wish to engage in mediation facilitated by a court-appointed mediator. Such mediation can take place concurrently with the preparation of the court case. Mediation is facili- tated by a judge or a lawyer appointed by the court, who has undergone special training. This form of mediation is free of charge. In connection with the initial preparatory court hearing (see 7.1 Trial Proceedings ), the pos- sibility of reaching a settlement is normally an agenda item. Outside the court system, arbitration is the most popular form of ADR. There are also professional institutions that offer mediation. 12.2 ADR Within the Legal System ADR is voluntary in the Danish legal system. If a party declines mediation, there are no asso- ciated sanctions. See also 12.1 Views of ADR Within the Country . 12.3 ADR Institutions In Denmark, there are several professional ADR institutions, including the Danish Mediation Insti- tute, the Danish Institute of Arbitration (DIA) and the Danish Building and Construction Arbitra-
The court’s decision on costs can be appealed separately, without appealing the court’s judg- ment on the substantive issue of the case. However, this requires the costs to exceed DKK20,000; the appeal of costs for a smaller amount requires permission from the Appeals Permission Board. If a party appeals the court’s decision regarding the substantive issue of the case (the judgment), a claim can be made to change the costs from the previous instance. 11.2 Factors Considered When Awarding Costs The court will consider who – if anyone – can be considered to have won the case, either fully or partially. The losing party – unless otherwise agreed – will be required to pay litigation costs to the winning party. This also applies in the appel- late instance. If a party fails to change the court’s decision dur- ing an appeal, that party will be considered the losing party in the appeal. If a party offers a sum of money as settlement, and the other party does not receive a judgment that is higher than the offered settlement during the court proceeding, the winning party may for- feit their right to be awarded litigation costs (from the moment the other party made the offer). If a case is only partially won, partial litigation costs may be awarded. The court can also choose to determine that each party bears their own costs, depending on the outcome of the case. Exces-
sive costs cannot be reimbursed. 11.3 Interest Awarded on Costs
According to the Danish Interest Act, interest accrues on litigation costs from the due date. Litigation costs are due for payment 14 days after the judgment is rendered (corresponding to the enforcement deadline of the decision).
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