The Danish Arbitration Association's Rules on the Taking of Evidence in Arbitration have been Revised and Modernised
Since the adoption of the Danish Arbitration Association's Rules on the Taking of Evidence in Arbitration of 28 October 2010, arbitration in Denmark has undergone changes. This is especially true in relation to international and more complex arbitration cases, where inspiration from abroad has had a noticeable impact on the practical handling and conduct of arbitration cases with a seat of arbitration in Denmark. Therefore, the Arbitration Association has revised and modernised the rules on the taking of evidence.
The revised rules will take effect on 1 March 2025 and replace the previous rules as of this date.
The rules are based on the fundamental Danish legal principles of party autonomy and adversarial proceedings. The rules are intended to be a best practice set of rules and tools for practitioners in relation to the taking of evidence in arbitration cases seated in Denmark, i.e., cases governed by the Danish Arbitration Act and pending between (1) purely Danish parties, (2) a mix of Danish and foreign parties or (3) purely foreign parties.
The changes to the rules reflect a move towards greater precision in the handling of the taking of evidence in arbitration cases seated in Denmark, with a focus on adapting the process to the needs of the parties and the specific arbitration case, while maintaining the greatest possible flexibility.
The main changes include, e.g., clarifications regarding requests for document production, introduction of the possibility of ordering the submission of written witness statements, elimination of automatic oral testimony by witnesses and party-appointed experts who have submitted a witness statement or expert report, limitation of tribunal-appointed experts to situations where existing expert evidence is deemed insufficient, and introduction of the possibility of a full oral hearing by telecommunications.
The revised rules are the result of extensive work carried out between 2022 and 2024 by a working group appointed by the Arbitration Association's board. The rules were approved at a board meeting on 15 January 2025.
The working group has consisted of: Jimmy Skjold Hansen (Head of Arbitration, Attorney-at-Law (H), LL.M., Partner, Plesner), Kenneth Hvelplund Pedersen (Attorney-at-Law (L), Partner, Gorrissen Federspiel), Jeppe Skadhauge (Attorney-at-Law (H)), and Lasse Højlund Christensen (Professor, Department of Law, Aarhus University).
Additionally, Steffen Pihlblad (Secretary-General of the Danish Institute of Arbitration), Supreme Court Justice Jon Stokholm, and Jens Rostock-Jensen (Attorney-at-Law and Partner) have contributed with comments.
The Danish Arbitration Association expresses its gratitude to all contributors for their significant efforts.
The Arbitration Association also takes this opportunity to remember and express our gratitude for Jens Rostock-Jensen’s outstanding and committed efforts for the association’s work over many years.
Read the new rules here.
På foreningens vegne
Jeppe Skadhauge
