Practical information

Pleadings are considered to be submitted correctly once the Arbitration Board has received them by email. Any deadlines that apply will be based on the date of receipt, which means 11.59 pm at the latest. The office hours of the board are thus irrelevant at far as deadlines are concerned.

According to applicable rules, hardcopies of statements of claim and statements of defence (all pleadings) must also be sent to the board together with other documents serving as case exhibits (see below).

Digital submission
In order to reduce time spent on document management, the Arbitration Board has decided in a transitional period and as a general rule to allow submission of pleadings and supplementary documents ionly n electronic form by email or on a USB memory stick until the relevant rules have been amended. The board requires that all parties involved accept such submission, which means that an opposing party may demand to have hardcopies of pleadings and supplementary documents. See the Arbitration Board rules on this.

Pleadings and supplementary documents that are submitted electronically must be sent as a single email but as separate files. Accompanying supplementary documents may either be sent together as one file or as several files, each file containing a case exhibit. The latter is recommended if there a only a few case exhibits. Pleadings and exhibits must be appropriately named as well as numbered or lettered. The Arbitration Board accepts the following file formats for texts and numbers: PDF (Adobe PDF format), DOCX (new Word format), DOC (older Word format), TXT (pure text format), XLSX (new Excel format) and XLS (old Excel format). Pictures may be submitted in JPG, PeNG or TIFF format. Videos containing large amounts of date should be submitted on a USB memory stick.

Material that cannot be submitted in any of the formats listed above, for example drawings, will still have to be sent to the board by ordinary mail.

If the electronic material does not meet the above-mentioned formal requirements, the submitting party will be asked to ensure that it does or to submit hardcopies of the material. The Arbitration Board reserves the right to maintain the requirement of submission of hardcopies of pleadings and other documents in special cases.

Documents in expert assessment

Terms of reference, and any possible exhibits, are to be submitted electronically to the secretariat. Once the parties have agreed on the terms of reference, or disputed terms of reference have been settled by a decision of the Arbitration Board or the presiding arbitrator, the secretariat will forward the terms of reference along with exhibits to the expert in the case. The applicable rules for the request and production of an expert report are those of the Arbitration Board and not those of the Administration of Justice Act.

Only in the case of very extensive terms of reference and exhibits are these to be submitted in the same number as the appointed experts on the case along with an extra copy for the secretariat.

The parties are allowed to contact the expert directly regarding appointments etc., but submission of additional information and exhibits are to be sent via the secretariat.

After meeting with the parties for an inspection, the expert will produce his report. According to the current rules, the report should be sent to the secretariat, but the Arbitration Board also allows for the report to be sent directly from the expert to the parties.

The parties cannot expect to receive the report before the security required by the Arbitration Board has been lodged. This is also the reason why some experts choose to send their report through the secretariat.

Archive

The Arbitration Board archives concluded arbitration cases in physical form for a period of 5 years, after which they are destroyed. After this, only the award is preserved. Exhibits are destroyed immediately upon the conclusion of the case, though.

The Arbitration Board archives concluded cases on expert assessment and expert decision for a period of 3 years, after which they are destroyed.

The Arbitration Board does not archive concluded cases where the Board is asked to propose experts for participation in proceedings in the ordinary courts of law. These cases are destroyed shortly upon conclusion.

The vast majority of documents in newer cases are submitted electronically, and it is expected that the abovementioned period of archival will be limited within the near future.

There are no legal obligations for the Arbitration Board to archive concluded cases for a specified period of time. The Arbitration Board is not bound by the rules at present in force for government institutions in this area, since the Board is a private enterprise.