The Danish Building and Construction Arbitration Board is a private enterprise established at the request of organisations in the building and construction sector to facilitate dispute resolution in the industry. The Board has no ‘shareholders’ or other stakeholders who would benefit from a positive return, and the Board is in principle operated as a non-profit organisation, which means that cases must break even financially and that income and expenses must be relatively balanced.
All expenses of the Board related to case handling, including those of staff, facilities and rent, are met by the fees and charges payable by the parties to cases and through returns on deposits received.
At the outset of a case the Arbitration Board will request provision of security by the parties, ie payment of a deposit that can cover the costs of the case. The deposit will be increased as and when the costs of the case increase.
Fees and charges payable to the Board depend on the type of case, for example whether it is a speedy resolution case, an arbitral case or an expert appraisal case. Further information is available on the different pages for case types.
The accounts of the Arbitration Board are not publicly available, but the Board has a solid financial foundation and manages its finances and deposits in a professional manner.
Arbitration Board fees and charges for cases filed after 2015
Because of the general financial situation in the period around 2015, the Arbitration Board has had to adjust its policies on fees and charges, the reason being that the Board had seen a dramatic drop in income from deposits, which previously made it possible to keep fees and charges low. If the financial situation changes, the new service charge system makes it easy to reduce charges accordingly, which will benefit parties who use the Arbitration Board’s services.
If a meeting is to be held on the premises of the Arbitration Board, cancellation of bookings must be made not later than thirty days before the scheduled meeting date. If a new date is set for the hearing of a case and premises are rented for that purpose, only the actual use of premises will be charged for, and there will be no charge for premises booked for meeting dates that were cancelled. If the case is not heard at a later date, payment will be charged for the cancelled meeting date(s). If external premises are used, the terms and conditions of the provider of those premises will apply.
If other meeting facilities are used, for example in a hotel, the venue’s cancellation rules will apply.
A few adjustments were introduced on 1 January 2019. These are included on the pages for the individual types of cases.