When concluding any export-import transaction, the parties always hope for good, but, nevertheless, just in case, they think about what to do if a dispute between the parties to the transaction occurs. Where and how such a dispute can be resolved must be taken care of in advance.
This article will cover some aspects of resolving commercial disputes in the European Union as a whole, but the main focus will be on how dispute resolution takes place in Denmark, as this country is one of the most attractive jurisdictions for doing business. The Kingdom of Denmark is part of the European Union and companies registered in Denmark have direct access to the EU market. The country is characterized by an almost ideal investment climate: the presence of a wide network of double tax treaties, the benefits of using the jurisdiction as a holding, and a number of other advantages attract entrepreneurs from all over the world to conduct business in Denmark.
In general, Danish legislation is quite liberal, there are no laws restricting the actions of foreign investors and, on the contrary, everything possible is being done to attract them to the country.
NB: This material will be relevant for those who already own a registered Danish business or just planning to start a business in Denmark or in any of the EU countries.
Danish law on foreign businesses
In the Kingdom of Denmark, there are no special laws that would govern the activities of foreign investors - they are subject to national law. The authorities welcome any type of entrepreneurial activity subject to obtaining a work permit and legal stay in the country.
Today, there are no restrictions on import/export operations, investments, loans, interest on deposits, and repatriation of capital. Payments can be made through the National Bank of Denmark or authorized intermediaries.
Without specialization. How to start a trial in the EU.
If you need to start a trial in Denmark, it is worth considering that, as a rule, cases start in the district courts. The courts have no specializations. It means that all kinds of courts - district courts, the High Courts and even the Supreme Court are able to hear all types of cases.
The trial begins with the delivery of a court order indicating:
- factual aspects of the dispute;
- legal arguments;
- the plaintiff's proposals regarding the form of the trial.
The summons must be submitted via the online platform provided by the Danish Courts Administration. The summons of the call is submitted to the defendant in digital form, but it is worth considering that this requires the defendant to sign the documents in digital form.
Following a court order, the accused has at least 2 weeks to present a defense. The court informs the parties through the online platform.
The statute of limitations for resolving commercial disputes in Denmark, as a rule, is three years.
In the process of resolving commercial disputes in Denmark, it is worth considering that some documents are privileged. Those planning to start a trial in Denmark should consider that the court makes the final decision as to whether the document is privileged.
These may be documents containing:
- state information from civil servants without the permission of the relevant authority;
- information that became known to lawyers, judicial mediators and lawyers in the performance of their duties;
- data that were received by journalists from their sources, etc.
- correspondence with external or internal legal advisers.
Appeal in Denmark
As a rule, decisions in civil cases can be appealed once in the court of first instance above.
In some cases, in order to appeal a court decision in Denmark, the parties must obtain special permission from the Appeal Board.
The parties may conclude an arbitration agreement in Denmark both before and after a dispute has arisen, as well as freely determine the number of arbitrators. The arbitration will consist of three arbitrators, if the parties have not agreed. If the parties agree on institutional arbitration, the number of arbitrators will be determined by the selected institution.
If you plan to resolve the dispute through arbitration in Denmark, please note that the arbitral award is final and cannot be appealed in court, and the national court enforces the decision.
Alternative Dispute Resolution in Denmark
Commonly used types of ADR are mediation and judicial mediation. To resolve the dispute through mediation in the EU, the parties within the framework of a structured process, independently agree on a voluntary basis to resolve their dispute using a mediator. It is a process when the parties agree and the mediator is a “regulator” between the parties. One of the main tasks of using mediation to resolve a dispute between participants is to preserve the assets of both. The parties to the dispute, using the mediator, must understand and visualize all the potential negative impact of the existing conflict on their assets, and try to minimize it.
Mediation is based on certain principles that are binding on all parties who have expressed a desire to use this alternative dispute resolution method:
- Voluntariness, which consists in the fact that all parties must agree on the use of mediation;
- Confidentiality. In fact, the very application and conduct of the mediation process is a confidential process;
- Independence and impartiality of the mediator;
- Equality of parties - none of the parties has advantages.
Mediation is a flexible process, in contrast to litigation, and it is widely used in Denmark and other European countries.
European Union Dispute Resolution Legal Advice
If you need to resolve a dispute in the EU or bring a class-action lawsuit in Denmark, we recommend that you contact IQ Decision UK professionals. Our experienced lawyers will also provide a full range of services for the arbitration process in Denmark including:
- advising on potential risks and prospects of potential arbitral proceedings;
- drafting and approval of contract clauses regarding the arbitration of disputes, and individual arbitration agreements;
- pre-trial settlement of the dispute, negotiations, exchange of documents, etc. with the aim of resolving the dispute out of court;
- drawing up a statement of claim and a request for arbitration to the relevant international arbitration court.
Also, should you need any help to initiate legal proceedings in the EU or the UK do not hesitate to contact us directly using the form below.