Danish Construction Arbitration: Civil Proceedings in Disguise?
Published 8 August 2018
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 perspective of non-Danish parties. The article 's conclusions are globally negative, noting that the few advantages of the system can be reached in different manners, but it is conceded that the Danish way may be adequate for small and/or domestic disputes.
Presented at the Center for International Legal Studies (CILS) "International Arbitration Symposium" which was held in Salzburg, Austria, 7 - 10 June 2018. Chairpersons: Laurent Hirsch and Silvia Marchili. More information www.cils.org