For consideration of a speedy resolution case, the claimant must pay a deposit of DKK 20,000 to cover all costs associated with the processing of the case. In addition to the Arbitration Board fee for management of the case, the deposit covers the adjudicator’s fee. The respondent is required to pay a similar fee if a third party is joined in the case.
In principle, the adjudicator’s fee is DKK 10,000-15,000 depending on what is considered reasonable remuneration given the scope and nature of the case and the time to be spent on it. General expectations are that half a working day is needed for preparation and that half a working day will be spent on an inspection, if any. It is estimated that one working day will be needed for preparation of the decision.
In cases where the scope of the case or the time needed for the processing of the matter is below usual or anticipated levels, including in connection with settlements, the total fee is reduced, taking into account the actual time spent, the timing of a settlement, if any, and the complexity of the matter.
In cases where the scope of the case or the time needed for the processing of the matter exceeds usual or anticipated levels, including in cases resulting in settlements and complex cases with comprehensive case documentation, the fee may be increased.
The adjudicator has a duty to ensure on an ongoing basis that the deposit paid is sufficient to cover all costs associated with the processing of the case.
If no deposit is paid by the deadline fixed by the Arbitration Board, the case may be dismissed without further notice.
If it proves necessary during the speedy resolution period, additional deposits may be requested.
The adjudicator decides who is to pay the costs, including the fee. The parties are jointly and severally liable for the payment of the cost of the proceedings. Each party defrays own costs for any legal assistance or other assistance.
The Arbitration Board is not registered for VAT, and all fees and charges are therefore exempt from VAT. If and when the Arbitration Board invoices services on which VAT is payable – typically expenses related to expert appraisal – the VAT amount will be specified in the settlement letter.
Cases of this type are filed as O-cases.