Statements of case are considered to have been received once the Arbitration Board has received them by email. Any deadlines that apply will be based on the date of receipt, which means 11.59 pm at the latest. The office hours of the Board are thus irrelevant at far as deadlines are concerned.
According to applicable rules, hardcopies of statements of claim and statements of defence (all pleadings) must also be sent to the Board together with other documents serving as case exhibits (see below).
In order to reduce time spent on document management, the Arbitration Board has decided during a transitional period and as a general rule to allow submission of pleadings and supplementary documents only in electronic form by email or on a USB memory stick or similar until the relevant rules have been amended. The Board requires that all parties involved accept such submission, which means that an opposing party may demand to receive hardcopies of pleadings and supplementary documents. See the Arbitration Board rules on this.
Pleadings and supplementary documents that are submitted electronically must be sent in a single email but as separate files. Accompanying supplementary documents may either be sent together as one file or as several files, each file containing a case exhibit. The latter is recommended if there are only a few case exhibits. Files containing large amounts of data should be submitted on USB memory sticks rather than in several emails. Pleadings and exhibits must be appropriately named as well as numbered or lettered.
The Arbitration Board accepts the following file formats for texts and numbers: PDF (Adobe PDF format), DOCX (new Word format), DOC (older Word format), TXT (pure text format), XLSX (new Excel format) and XLS (old Excel format). Pictures may be submitted in JPG, PNG or TIFF format. Videos containing large amounts of data
It should be noted that it remains a requirement that case bundles and bundles of authorities be submitted as hardcopies before the main hearing (see below).
Materials that must be encrypted should be sent to email@example.com.
Submission by ordinary mail
If current rules are maintained, the following applies:
If the arbitral tribunal has one arbitrator, two hardcopies must be submitted: one copy for the arbitrator and one copy for the Secretariat.
If the arbitral tribunal is composed of three arbitrators, four hardcopies of pleadings must be submitted.
If the arbitral tribunal is composed of five arbitrators, six hardcopies of pleadings must be submitted.
In all cases, one copy of case exhibits must be submitted.
Four weeks before the main hearing, the parties must submit a collection of case exhibits or a case bundle. The number of copies required is equal to the number of arbitrators plus a copy for the Secretariat, ie two copies in cases with one arbitrator, four copies in cases with three arbitrators and six copies in cases with five arbitrators.
Once the case has been heard, a case protocol or award is prepared. The protocol or award will be sent to the parties to the case and to any parties on whom third-party notice has been served. In addition, the arbitral tribunal and any expert appraisers involved will receive a copy.
If a full award is given in a case heard by three or five arbitrators, the parties will be asked whether they will allow publication of the award in anonymised form in Kendelser om fast ejendom (Awards on real property) (KfE) or Tidsskrift for Bolig- og Byggeret (Journal of Housing and Building Law) (T:BB).