Please note: Update soon
For expert appraisal procedures managed by the Arbitration Board, an amount will be charged for each expert requested by the parties. This amount covers the board’s administration of the case, including the identification of the right expert, clarification of procedural and legal matters, management of deadlines, etc.
In addition, a fee will be payable to the expert, calculated on the basis of the time spent on the appraisal. Any costs incurred by the expert for transport, photographs, etc must also be paid. The payment of expenses relating to special investigations will be agreed by the parties in connection with case proceedings.
The party requesting an expert appraisal must initially pay the costs involved.
The Arbitration Board will demand the provision of a cash amount as security. The security amount will generally be DKK 30,000 as a starting point. The Arbitration Board will usually not ask an expert to initiate the appraisal until security has been provided.
At the start of the appraisal, the expert is to state a time frame for his or her work, and the expert must also continually inform the Arbitration Board if the security provided is no longer believed to be sufficient to cover costs. The security amount is to be adjusted accordingly during the appraisal period so that it will cover costs at any time.
As from 1 January 2015 a new procedure applies, which means that the cost of supplementary questions is payable by the party asking the questions. This approach means that sometimes difficult and time-consuming assessments of whether supplementary questions asked are related to an original question or not is avoided. When submitting his or her bill, the expert must specify the amounts charged for each individual question. One purpose of this new approach is to achieve greater clarity.
For cases filed before 1 January 2015 the system remains the same, which means that the party asking the original question is to pay for supplementary questions asked in relation to that question. Payment for any further additional questions will be based on a specific assessment of whether the party asking the original question or the party asking the supplementary question is to pay the costs involved.
After conclusion of the expert appraisal procedure, the parties may agree to ask the Arbitration Board to give a non-binding view on the distribution of costs, or it may be decided in subsequent arbitration proceedings who is eventually to pay for the expert appraisal.
If it proves necessary and the parties agree a legal arbitrator decides on procedural matters, the distribution of cost or decides whether a question may be submitted to the appraiser, the legal arbitrator in question will be paid on the basis of the time spent on the matter.
The party originally requesting the expert appraisal and that party’s legal counsel are liable for payment of the costs of the appraisal.
The other party in the appraisal procedure and the other party’s legal counsel are liable for the proportion of costs that relate to the preparation of answers to the respondent’s non-ancillary questions and, in cases filed on or after 1 January 2015, to the preparation of answers to the respondent’s own questions.
The Arbitration Board is not registered for VAT so all charges and fees are exempt from VAT. When the Arbitration Board includes amounts liable to VAT (typically costs relating to expert appraisers) in its own invoices, the VAT amount will be specified in the invoices.