In arbitral cases the parties are requested to pay a front-end fee of DKK 5,000 if the case is filed in accordance with AB92.
In simplified arbitration, cases filed in accordance with AB28, AB Abridged, ABR18, ABR Abridged and ABT18 the parties are requested to pay a front-end fee of DKK 3,000 for the Arbitration Board’s management of the case.
In addition, a service charge or a fixed percentage of the claim amount is payable. The percentage is determined using the table in Section C of the guidelines. To calculate the total case costs, you can use the cost calculator at the bottom of this page.
The service charge must in principle be paid irrespective of whether the proceedings involve a main hearing or a settlement of the case. However, there are a few exceptions.
In cases that are settled, discontinued in some other way or dismissed within the first thirty days after they were filed, only a fee is payable, as the service charge is then waived. A precondition for this is that the Arbitration Board is notified in writing within those thirty days after the filing of the complaint. 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.
The service charge is reduced to 50% in cases that are settled, discontinued in some other way or dismissed before receipt of the respondent’s statement of defence. This period is counted from a date thirty days after the commencement of the case up to the day before receipt of the statement of defence. The 50% service charge will not exceed DKK 100,000. If the case is settled after receipt of the statement of defence and up to four weeks before the main hearing, the maximum service charge will be DKK 200,000. If the case is settled less than four weeks before the main hearing, for example two weeks before the hearing, a full service charge is payable.
If a service charge is payable, it will always be at least DKK 2,000 in cases filed in accordance with AB92 and at least DKK 4,000 in cases files in accordance with AB18, AB Abridged, ABR18, ABR Abridged or ABT18.
If the claim amount is less than DKK 6 million and the arbitral tribunal has three arbitrators, the total fee payable will be calculated as shown in the table in A.1 in the guidelines. If, for example, the claim amount is DKK 1 million the total fee payable is likely to be DKK 75,000, to which will be added a service charge of DKK 17,500 payable to the Arbitration Board as well as expenses relating to meeting room facilities, etc.
An amount of DKK 5,000 must be paid by a party requesting a new date for the hearing of the case. If the parties agree on setting a new date, for example because of settlement negotiations, the cost must be shared by the parties, whereas no charge will be imposed if the change of dates is due to aspects relating to the arbitral tribunal or the Arbitration Board.
If the claim amount is less than DKK 500,000 and the arbitral tribunal has one arbitrator the general principle is that total costs should not exceed the DKK 40,000 deposit paid.
Cases lodged before 1 January 2015
As mentioned above, the fee payable to the Arbitration Board is calculated on the basis of the guidelines.
The Arbitration Board will in principle demand payment of a charge of 38.5% of the fee payable to the arbitral tribunal. If the case is settled or withdrawn before its hearing before the tribunal, a fee of 38.5% of the arbitral tribunal’s fee is payable to the Board, the minimum amount payable being DKK 7,000.
For example, if the level of claim is DKK 1 million, the total fee of the arbitral tribunal is likely to be DKK 75,000 plus the 38.5% charge payable to the Arbitration Board, ie DKK 28,875, and expenses relating to meeting room facilities, etc.
In cases with three arbitrators, the claim amount can be entered into the cost calculator, which on the basis of the claim amount can provide an estimate of the total cost of cases filed after 1 January 2015. The costs calculated are indicative only, which means that the final costs may be higher or lower depending on how the case develops and other expenses incurred.
The calculator should not be used for cases in which the claim is less than DKK 500,000, since such cases are often heard by only one arbitrator (see above). The calculator can be used to calculate the arbitral tribunal’s fee in cases with a level of claim in excess of DKK 6 million, but the amount calculated is indicative only since fees in such cases are determined by the Arbitration Board alone on the basis of the calculator. In cases with one arbitrator or five arbitrators the parties should contact the Arbitration Board for a calculation of case costs. The calculator cannot be used for cases in which the level of claim exceeds DKK 0.5 billion.