Välimiesoikeuden

Välimiesoikeuden, Finnish for arbitration court or arbitral tribunal, is a private form of dispute resolution outside the ordinary court system. It relies on the agreement of the parties to submit all or part of their dispute to one or more impartial arbitrators. The resulting decision is an arbitral award, which is binding on the parties and, in most cases, enforceable as a court judgment.

Proceedings typically involve selecting or appointing arbitrators, choosing applicable rules and the seat of arbitration (the lex arbitri), and determining the governing law. Proceedings can be ad hoc or conducted under institutional rules. Hearings may be oral or conducted largely on written submissions, and confidentiality is a common feature. The arbitral tribunal decides issues of fact and law and issues an award that resolves the dispute.

Enforcement of arbitral awards is a central feature of välimiesoikeuden. Awards are generally enforceable both domestically and internationally. Finland and many other jurisdictions follow international instruments such as the New York Convention, which facilitates recognition and enforcement of arbitral awards across borders, subject to limited grounds for challenge, such as incapacity, improper appointment of arbitrators, excess authority, or violations of due process.

Välimiesoikeuden is distinct from mediation; it yields a binding, enforceable decision rather than a non-binding agreement. It is commonly used for commercial and civil disputes, including contract and construction matters, and is valued for potential confidentiality, neutrality, flexibility, and faster resolution compared to traditional court proceedings.