Please note: Update soon
The costs of an arbitration case comprise a fee and a charge payable to the Arbitration Board, a fee payable to the arbitration tribunal, expenses relating to meeting room facilities as well as travel expenses, etc.
The fee and charge cover the case and time limit management performed by the Secretariat, the administration involved in the establishment of the arbitration tribunal, certain legal and practical procedural decisions, the fixing of dates for hearings and meetings, including telephone conferences, etc.
The fee payable to members of the arbitration tribunal covers payment for their work. It is calculated on the basis of the total value of the dispute between the parties (the object of the case) and the scope and complexity of the case.
Cases filed before 1 January 2015
If the claim filed in the case does not exceed DKK 6 million and if the arbitration tribunal is composed of three arbitrators, the total fee is calculated on the basis of the table set out in A.1 in the guidelines.
The Arbitration Board general requests payment of a charge of 38.5% of the fee payable to the arbitration tribunal. If the case is settled or withdrawn before its hearing before the tribunal, the board requests payment of a charge of 38.5% of the fee payable to the arbitration tribunal, the minimum charge being DKK 7,000 as the fee in these cases may be somewhat lower than the fee charge in cases including oral hearings.
If the claim filed in the case is DKK 1 million, for example, the total fee payable to the arbitration tribunal is likely to be DKK 75,000. To this should be added the charge of 38.5% payable to the Arbitration Board, ie DKK 28,875. The total legal costs will thus amount to a little under DKK 104,000 plus expenses relating to meeting room facilities, etc.
If the claim filed in the case does not exceed DKK 500,000 and there is only one arbitrator, the total costs (charge payable to the baord, fee to the arbitrator, hire of venue facilities, etc) may stay within the deposit of DKK 40,000 paid. See A.3 of the guidelines.
Cases filed on or after 1 January 2015
A front-end fee of DKK 5,000 is payable. In addition, a service charge amounting to a fixed percentage of the total amount claimed in the case up to DKK 30 million is payable. The percentage is fixed at the rates set out in the table in section C of the guidelines. It may be useful to apply the cost calculator at the bottom of this page.
The service charge is payable no matter whether the case involves a hearing before the arbitration tribunal or is settled. However, only 50% of the service charge is payable if the case is settled or withdrawn within thirty days of receipt of the statement of defence (third party defence). The service charge will be waived completely if the parties abandon the case within thirty days of its receipt by the Arbitration Board.
If the claim filed in the case does not exceed DKK 6 million and if the arbitration tribunal is composed of three arbitrators, the total fee will also be calculated on the basis of the table set out in A1 of the guidelines. If, for example, the claim is DKK 1 million, the total fee is likely to be DKK 75,000. To this will be added a service charge of DKK 17,500 payable to the Arbitration Board (see Section C of the guidelines). This means that the total cost of the case will be a little under DKK 93,000 plus expenses relating to the hire of meeting room facilities, etc.
A party requesting a change of the date set aside for the hearing must pay a charge of DKK 5,000 for such a change. If the parties agree on requesting a new date, for example because of settlement negotiations, the charge will be shared between them. No charge for a change of date is payable if the change is due to matters pertaining to the arbitration tribunal or the Arbitration Board.
If the claim filed in a case does not exceed DKK 500,000 and there is only one arbitrator, total costs (charges to the Arbitration Board, fee to the arbitrator, hiring of meeting facilities, etc) will generally not exceed the DKK 40,000 deposit paid. Fees and charges payable to the board are now lower than previously.
Further information about applicable rates is given in the guidelines. In cases involving a claim for more than DKK 30 million, the service charge will basically be 1%. The rates charges in such case will by and large be the same as the rates charged under the previous system. The Secretariat can provide further information about this.
In cases with three arbitrators, the amount of the claim (up to DKK 6 million) may be entered into the cost calculator to determine the basis for the total amount of fees and charges payable for cases heard under the new system. The costs stated are indicative only, which means that the final costs payable may be different because of the evolution of the case and additional expenses. The calculator should not be used in relation to cases involving claims for less than about DKK 500,000, as such cases are often heard by tribunals with only one arbitrator (see above), and it cannot be used in relation to cases involving claims for more than DKK 6 million.