Section 7(2) of the Danish Arbitration Act stipulates that an agreement on arbitration set out in consumer agreements signed before a dispute arises is not binding on the consumer involved. If one of the parties is a consumer, the Arbitration Board will therefore always ask the consumer or the consumer’s representative if the arbitration agreement is to be binding or not. If the consumer declares that the agreement is not to be binding, the case will not be heard by the Arbitration Board and no payment of fees and charges will be required.
Expert determination and expert appraisal are not regarded as arbitration and are consequently not managed in the same way.
Expert appraisal cases in which one of the parties is a consumer will generally be managed like other cases if the parties agree to apply the rules of the Arbitration Board. If the consumer or the consumer’s representative objects to the expert appraisal, the case in question will usually be dismissed by the board on the grounds that the board will not expect the consumer to opt for arbitration if either party institutes legal proceedings once the outcome of the appraisal is known.
In expert determination cases the agreement between the parties will be taken into account, generally based on either AB92 or AB Consumer, and the matter will be determined in accordance with the relevant rules of the board, even if one of the parties is a consumer.