Simplified arbitration (R-cases)

The Arbitration Board, through the rules on simplified arbitration procedures, has provided the parties with an opportunity to resolve their disputes in a simple and quick manner. Reference is made to the Arbitration Rules 2018, Chapter 8.egler for voldgift 2018, Kapitel 8.

The use of simplified arbitration procedures requires that the parties have entered into an agreement for arbitration under the Arbitration Board. Such an agreement can be made for disputes that have already arisen or for future disputes in a contract.

If AB-18 is agreed upon, a case will be conducted under the rules for simplified arbitration if a) the parties agree to it, or b) one of the parties requests it, and the value of the case does not exceed 1 million DKK.

If the value of the case is increased later, including as a result of the opposing party's claim, thereby making the case value exceed 1 million DKK, the arbitration tribunal will, if necessary, decide whether the nature of the case or other circumstances require the case to be transferred to regular arbitration proceedings.

The composition of the Arbitral Tribunal

Simplified arbitration is characterized by the appointment of only one expert arbitrator as a general rule. However, the parties may request a different composition, including one legal arbitrator or two arbitrators. Only if the parties agree, can the tribunal be composed of two or three arbitrators. Additionally, the arbitration tribunal may decide to transfer the case to regular arbitration, i.e., with three arbitrators.

Shorter processing time

The case involving simplified arbitration proceedings follows faster processes than regular arbitration, including 14 days for the reply and rejoinder. Additionally, 14 days are generally allocated for the drafting of the award, and the case is aimed to be concluded within 6 months from the receipt of the statement of claim.

An warrant in a case of simplified arbitration is expected to be in a concise format, without a case summary, reproduction of evidence, or procedural details.

Expert appraisal in simplified arbitration cases

Efter regler for voldgift 2018, Kapitel 8, kan der gennemføres syn og skøn i forbindelse med sagen, hvis anmodning herom fremsættes senest 14 dage efter modtagelse af svarskrift.  Syn og skøn vil indebære en længere sagsbehandlingstid.

The purpose of simplified arbitration is to ensure speedy and simple resolution of disputes. Consequently the parties cannot expect any deviation from the rules and regulations, including rules on deadlines set out in specific provisions.

Rules

The standard agreements in this field are AB92, AB18, BT93, ABT18, ABR89, ABR18 and AB Consumer. The Arbitration Board has adopted its own rules for simplified arbitration in the building and construction sector.

In the AB-18 agreement sets, there is a possibility for simplified arbitration, and the Arbitration Board's rules for arbitration 2018 include detailed rules on this in Chapter 8.

The Arbitration Board recommends that these rules also be applied when simplified arbitration is otherwise agreed upon, for example, in cases under AB 92, ABT 93, and ABR 89. Alternatively, the Arbitration Board's rules on simplified arbitration from 2007 may be applied.

The rules are also available in English (see the tab in English). Cases may be conducted in English if the parties so wish.

Cases are referred to as R-cases.