Voldgiftsret

Voldgiftsret, or arbitral tribunal, is a form of dispute resolution used in Danish law to decide disputes through arbitration rather than through ordinary courts. It is established when the parties agree to arbitrate, typically by including an arbitration clause in a contract or by submitting a dispute to arbitration after it arises. A voldgiftsret may consist of one or more arbitrators appointed by the parties themselves or by an appointing authority, and it exercises jurisdiction only over matters within the mandate set out in the arbitration agreement. The seat of the arbitration, the applicable substantive law, and the procedural rules may be determined by the parties or, failing agreement, by the tribunal or applicable domestic law.

Process and decisions: The tribunal gathers evidence, may hold hearings, and issues a written award that resolves the dispute. The award is binding on the parties and generally enforceable without further court proceedings. Confidentiality is common but not universal, and the parties may allocate costs and legal fees in the award.

Legal framework and enforcement: In Denmark, arbitration is governed by the Danish Arbitration Act (Lov om voldgift) and is designed to be flexible and party-driven. Danish awards are enforceable domestically and, under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, enforceable in many other jurisdictions. Grounds to challenge an award are narrow and usually limited to procedural irregularities, lack of jurisdiction, or violations of due process.