When handling cases related to expert appraisal administered by the Arbitration Board, a fee is charged for each appointed expert. This fee covers the Arbitration Board's case management, including finding the expert, clarifying procedural and minor legal issues, and managing deadlines, among other administrative tasks.
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, destructive interventions, recordings including photographs, etc must also be paid. The payment of expenses relating to special investigations will be agreed with the parties during case proceedings.
The party requesting expert appraisal must initially pay the costs involved.
The Arbitration Board demands payment of an initial deposit of DKK 30,000 to cover case costs. If the respondent also asks questions, the respondent will be charged an initial deposit of DKK 20,000. If it becomes apparent at an early stage of the expert appraisal process that costs such as the expert’s fee will be higher, the deposit will be adjusted accordingly. The initial deposit will in principle never be reduced.
The Arbitration Board will usually not ask an expert to initiate the appraisal until security has been provided to the Board.
At the start of the appraisal, the expert states a time frame for the preparation of the report(s), and then continuously informs the parties and the Arbitration Board if the security provided is no longer believed to be sufficient to cover the anticipated costs. The security amount will be adjusted as and when needed during the appraisal procedure.
As from 1 January 2015 a new procedure is applicable under which 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 billing, the expert must specify the amounts charged for each individual question.
After the conclusion of an expert assessment case, the Arbitration Board can, at the parties' request, issue a non-binding recommendation regarding who should bear the costs of the case, including legal fees. If, during the case, there is a need for and agreement that a legal arbitrator will make a decision on a procedural issue on behalf of the Arbitration Board, including whether questions can be posed to the expert, the legal arbitrator will be compensated based on time spent. The legal arbitrator can also make a decision regarding the allocation of costs, provided the parties agree. Otherwise, the distribution of costs related to the expert assessment must be determined in any subsequent arbitration case. Even in arbitration cases where a tribunal has not yet been established, the board may be asked to provide a non-binding recommendation on cost allocation.
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 to the appraisal procedure and that party’s legal counsel are liable for payment of the proportion of costs that relates 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.
As of September 1, 2022, an initiation fee of DKK 4,000 and a service charge of DKK 7,000 are charged, totaling DKK 11,000 for the Arbitration Board. The fee is DKK 3,000 for cases filed before September 1, 2022. As a general rule, the party requesting the arbitration is responsible for the fee and service charge. The service charge will be waived if the case is withdrawn by the parties no later than 30 days after receipt by the board, and the expert has not yet been appointed.
A supplementary fee of DKK 5,000 is charged for each additional expert appointed, which also covers the additional work such a case entails for the Arbitration Board.
As of September 1, 2022, a fee of DKK 3,000 is charged for each supplementary statement from the party that first submits the additional questions, unless otherwise agreed. The supplement covers the additional work the board has with the case and applies from the time the questions are submitted.
As of September 1, 2022, an additional fee of DKK 3,000 is charged for significant procedural decisions and expedited handling. Please refer to the news update for price adjustments as of September 1, 2022.
A supplementary fee of DKK 5,000 is charged for the initiation of an expert appraisal in an arbitration case, including both the appointment of a (new) expert and any additional statements.
An overview of the board's fees and charges can be found below.
On request, the Arbitration Board will propose an expert appraiser for proceedings in the ordinary courts of law. A fee of DKK 3,000 is charged for proposing an expert, and DKK 2,000 for each additional expert, etc.
In the event of justified objection to an expert proposed based on the proposed expert’s lack of impartiality, insufficient qualifications or qualifications that do not fulfil the requirements, another expert will be proposed. If the Arbitration Board does not agree with an objection to an expert, including objections as to whether the expert’s fee estimate is reasonable, the parties may be requested to provide more detailed reasons for their objection. If the Arbitration Board still does not agree, an additional fee of DKK 2,000 will be charged for each new arbitrator proposed.
Once the Arbitration Board has opened a case file, the board will email a confirmation with an FIK code to be used in connection with payment of the fee. In order to ensure speedy processing and correct allocation of payments to individual cases, the FIK code must be used whenever payments are made. The Arbitration Board requests parties not to send a cheque for the amount of fee or to transfer the amount of fee to the Arbitration Board before the case file has been opened.
In any manual transfers, the Arbitration Board file number and the names of the parties and the payer must always be stated.
Questions concerning payments should be sent to bogh@voldgift.dk
To ensure quick and correct registration of payments and deposits at the Arbitration Board, the FIK code sent to the parties to the case when the complaint was filed should be used. Some Arbitration Board letters contain codes for both parties, and the names of the parties are clearly stated next to the relevant codes. Please use the correct FIK code. Some IT systems do not support the use of FIK codes, in which case payments can be made to the following account:
Danske Bank, registration number 4180, account number 4180211519
SWIFT: DABADKKK – DKK IBAN: DK5830004180211519
If manual transfers are used, please state the Arbitration Board file number, the names of the parties and the name of the payer.
Unfortunately it is not currently possible to use the EAN system for electronic invoicing, and electronic invoices will be therefore be issued only in response to a special request sent to bogh@voldgift.dk.
The Arbitration Board is not registered for VAT, so all fees and charges are exempt from VAT. If and when the Arbitration Board invoices services on which VAT must be paid – typically expenses related to expert appraisal – the VAT amount will be specified in the settlement letter.
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