The Arbitration Board's tasks have traditionally focused on expert appraisal, expert determinations, and arbitration cases. However, alternative dispute resolution models—such as conciliation, mediation, Informal dispute assessment, and simplified arbitration—are gradually gaining traction, likely due to AB-18, and the number of such cases increased in 2021.
Settlement
According to a review for the period 2019–2021, 80% of mediationscases (15 cases) were resolved through settlement, while this figure was 48% for conciliation cases (27 cases). It is known that some cases are settled afterward.
In total, 45% of arbitrationscases were concluded through settlement in 2021, while 35% were resolved through an award or other decision. The remaining approximately 20% of concluded cases were withdrawn or otherwise resolved.
Around 25% of all cases scheduled for a main hearing are either settled or rescheduled before reaching the hearing.
Sums claimed
Arbitration cases at the Arbitration Board typically involve a certain financial scale, ranging from over DKK 100,000 to several hundred million DKK. In 2023, the ongoing cases were distributed according to the value of the claim as follows: 22% had a claim value under DKK 1 million, 44% were between DKK 1–10 million, 23% were between DKK 10–50 million, and 11% had a claim value exceeding DKK 50 million.
Case Processing Times – Arbitration Cases
I 2023 , the average processing time for arbitration cases was 20 months for cases concluded with a decision. Specifically, it was 15 months for cases without expert assessments and 27 months for cases with expert assessments initiated during the arbitration process.
The statistics do not include cases that were settled or withdrawn within the first 6 months, as well as a relatively small number of cases that, due to special circumstances, have been ongoing unusually long (2%).
For comparison, the average processing time for cases concluded with a decision in 2022 21 måneder, dog således at det var 16 måneder for sager uden syn og skøn og 26 måneder for sager med syn og skøn iværksat under voldgiftssagen.
I 2021 , the average processing time was 19 months for cases concluded with a decision, with 15 months for cases without expert assessments and 26 months for cases with expert assessments initiated during the arbitration process.
Extended processing time
Expert appraisal and the joining of third parties in arbitral cases often lead to longer case processing times. Both expert appraisal and the joining of third parties are common in a large proportion of arbitral cases.
Expert appraisal is used in about one-third of all arbitral cases. A statement shows that there was more than one respondent from the outset of 15% of arbitral cases, later joining of third parties in 15% of cases, and notices served to possibly join the proceedings in a further 13% of cases. There may be several respondents, third parties joined in the case and parties on whom notices have been served in the same case. There are examples of up to five respondents and thirteen third parties joined in the case.
Case processing time - Expert appraisal cases
A progress registration procedure can be carried out in a few days or weeks. An expert appraisal procedure with only a few questions that the parties agree on can be carried out in a month or two, while cases with many questions, some of which the parties may have difficulty formulating, and sometimes also with supplementary questions, may take a year or more.
In 2023, the average processing time for expert assessment cases (A-cases) was 7 months for the first report (1st settlement) and a total of 10 months for a supplementary report (2nd settlement). In comparison, the corresponding figures for 2022 were 8 and 12 months, respectively.
Voldgiftsnævnet modtager årligt omkring 300 – 400 nye voldgiftssager, herunder forenklet voldgift og opmandssager, og 300 sager om syn og skøn (A-sager), hvortil kommer syn og skøn under voldgiftssagerne. Nævnet stiller også skønsmænd i forslag under sager ved de civile domstole i årligt omkring 1.000 sager.
In addition, the Board handles 25 mediation- and conciliation cases annually.
The exact numbers can be found in the statistics below
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