Expert determination and decisions on security provided

In connection with expert determination proceedings and decisions on security provided, the party requesting such proceedings must immediately provide security for payment of case costs. In addition to the fee charged by the Arbitration Board for management of the case, the security must cover fees payable to the expert.

The fee amount and other costs are determined by the Arbitration Board on the basis of information provided by the expert. The fee payable to the expert(s) is usually DKK 10,000-15,000 depending on what is considered reasonable 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 extensive case documentation, the fee may be increased.

The expert has a duty to ensure on an ongoing basis that sufficient security is available to cover all costs associated with the processing of the case.

Immediately after having received a request for expert determination or a decision on security provided, the Arbitration Board will ask for provision of security from the party having filed the request, usually in the form of a deposit of DKK 30,000 for cases filed in accordance with AB92 and DKK 20,000 for cases filed in accordance with AB18. If the deposit is not paid within the time specified by the Board – typically eight days – the case may be dismissed without further notice.

If it proves necessary during the expert determination period, additional deposits may be requested.

The expert decides who is to pay the costs, including the fee. The parties are jointly and severally liable for the payment of any amount exceeding the security provided. Each party pays its own legal counsel and other advisors, if any.

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 G-cases.

Prices

A front-end fee of DKK 5,000 is charged in cases filed in accordance with AB92, while the fee is DKK 3,000 in cases filed in accordance with AB18. The fee must be paid before proceedings are commenced.

A service charge of DKK 2,000 or DKK 3,000 for cases filed in accordance with AB92 and AB18 respectively will be waived if the Board is notified that the matter has been settled or has otherwise been discontinued within thirty days after the case was filed. The thirty-day time limit may be suspended for up to three months if the parties submit a written notification stating that settlement negotiations are taking place.

An additional fee of DKK 3,000 in cases filed in accordance with AB92 and DKK 2,000 in cases filed in accordance with AB18 will be charged for appointment of an additional expert.

If expert determination proceedings are concluded within a period of thirty days, the full service charge is payable.

The front-end fee for cases filed before 1 January 2016 is DKK 8,000 for one expert in cases filed in accordance with AB92 and DKK 5,000 in cases filed in accordance with AB18.

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.

A list of Arbitration Board fees and charges can be found below.

Fees and charges

Payment information

To ensure fast 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 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 therefore be issued only in response to a special request sent to bogh@voldgift.dk.

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.