Abstract

The Danish national standard construction contracts, which use is mandatory for all public employers in Denmark, contain an arbitration clause in favor of the Building and Construction Arbitration Court. Despite being labelled as arbitration, the dispute resolution model practiced at this Court differs from traditional commercial arbitration on several key aspects such as the composition and appointment of arbitral tribunals and the way expert evidence is adduced. The purpose of the present article is to discuss the advantages and disadvantages of this system, especially from the ...