Statistics

The work of the Arbitration Board is currently focused on expert appraisal, expert determination and arbitral cases. The other dispute resolution models, ie mediation, conciliation, anticipatory arbitration and simplified arbitration, are not commonly applied.

The number of new cases remained stable in 2012 and 2013 as compared with the situation several years ago when the level of activity in the building and construction industry was much higher, leading to more arbitral cases.

About one-third of arbitral cases are heard by one legal or one technical arbitrator acting alone.

In recent years 18–25% of all hearings have been rescheduled, generally based on agreement between the parties. About 20% of all cases for which a hearing has been scheduled are settled before the date of the hearing.

In 2017, approximately 40% of all arbitral cases ended with a settlement, while about 50% of cases ended with an award or some other ruling. The remaining 10% of cases were withdrawn or otherwise discontinued.

Arbitral cases that involve the Arbitration Board will generally be of a particular financial order of magnitude, involving claims for sums ranging from in excess of DKK 100,000 and up to several hundred million kroner. As at March 2017, the sums claimed in pending cases could be broken down as follows: cases involving claims for less than DKK 1 million accounted for 37%, cases involving claims for DKK 1 million to DKK 10 million accounted for 44%, while the claim amount in 13% of cases ranged between DKK 10 million and DKK 50 million. In 5% of cases, the claim amount exceeded DKK 50 million.

Statistics

Approximately 400 new arbitral cases and 300 expert appraisal cases are brought before the Arbitration Board each year, including expert appraisal during an arbitral procedure. Each year, the Board also proposes expert appraisers for 800-1000 cases brought before ordinary courts of law.

In addition, the Board manages approximately 100 new expert determination cases annually.

The exact numbers can be found in the statistics below.
Statistical overview of cases

Case processing times

In 2018, the average processing time for an arbitral case was 16.7 months for cases concluded with an award, but only 12.1 months for cases without expert appraisal. The average case processing time for cases in which expert appraisal was performed during the arbitral proceedings was 23 months. The statistics do not include cases that were settled or withdrawn within the first six months and a relatively low number of cases that continued for exceptionally long periods of time because of special circumstances (4% of cases concluded in 2018).

By comparison, the average case processing time for cases ending with a decision in 2017 was also 16.7 months – 15 months for cases without expert appraisal and 18.5 months for cases with expert appraisal. The 2017 numbers do not include 7% of cases that lasted for a very long period of time.

Expert appraisal and the joining of third parties in arbitral cases often lead to longer case processing times. Both expert appraisal and the joining of third parties are common in a large proportion of arbitral cases.

Expert appraisal is used in about one-third of all arbitral cases. A statement shows that there was more than one respondent from the outset of 15% of arbitral cases, later joining of third parties in 15% of cases, and notices served to possibly join the proceedings in a further 13% of cases. There may be several respondents, third parties joined in the case and parties on whom notices have been served in the same case. There are examples of up to five respondents and thirteen third parties joined in the case.

A progress registration procedure can be carried out in a few days or weeks. An expert appraisal procedure with only a few questions that the parties agree on can be carried out in a month or two, while cases with many questions, some of which the parties may have difficulty formulating, and sometimes also with supplementary questions, may take a year or more.