Section 7(2) of the Danish Arbitration Act stipulates that an agreement on arbitration set out in a consumer agreement 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 dispute 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 are generally 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 expert appraisal, the matter will be assessed further in order to ensure that the parties have in fact agreed on expert appraisal. If that is the case, expert appraisal can be conducted under the auspices of the Arbitration Board.
In expert determination cases the agreement between the parties will be taken into account, generally based on AB92 or AB Consumer, and the case will be heard in accordance with the relevant rules of the Arbitration Board, even if one of the parties is a consumer.