This Country Answer reflects the state of the law as of 18 July 2008. Please refer to the explanations in the chapter entitled Disclaimer and Preliminary Note.

A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

Denmark.

Implementing jurisdictions: Denmark.

At the time of its ratification of the New York Convention, Denmark made a reservation for the Faroe Islands and Greenland. Regardless of this reservation, the 1972 Danish Arbitration Law also implemented the New York Convention for the Faroe Islands and Greenland. The reservation was subsequently withdrawn.

(Sources: Government Notice No. 58 of 19 June 1973; Royal Decrees Nos 460 and 461 of 9 Sept. 1975.)

The 1972 Arbitration Law has been replaced by the 2005 Arbitration Law, but not for the Faroe Islands and Greenland. The Faroe Islands and Greenland will remain governed by the 1972 Law until the 2005 Law is extended to these territories. Unless indicated otherwise, the answers below do not apply to the Faroe Islands and Greenland.

(Source: 2005 Danish Arbitration Law, No. 553, 24 June 2005 ('DAL'), Art. 44.)

2. Date of entry into force of the New York Convention

Denmark's ratification instrument was deposited with the General Secretary of the United Nations on 22 Dec. 1972. In accordance with Art. XII(2) of the New York Convention, it became binding upon Denmark on 21 Mar. 1973.

Under Danish law, treaty obligations are only binding before domestic courts to the extent they are implemented by statute. Such statute was adopted by the 1972 Arbitration Law (No. 181 of 24 May 1972) which came into force on 1 July 1972 but was replaced by the current Arbitration Law in 2005 (see Q.1 above).

(Source: Government Notice No. 58 of 19 June 1973.)

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity

Denmark has made a declaration under Article I(3) of the New York Convention that the convention shall only apply to the recognition and enforcement of awards rendered in another contracting State. However, as indicated in the answer to Q.4, notwithstanding such reservation, the 2005 Arbitration Law is more liberal and allows for the recognition and enforcement of all foreign arbitral awards, regardless of their country of origin.

(Sources: Government Notice No. 58 of 19 June 1973; DAL, Art. 38(1).).

(b) commercial relationships

Denmark has made a declaration under Art. I(3) of the New York Convention that Denmark will apply the convention only to commercial legal relationships.

(Source: Government Notice No. 58 of 19 June 1973.)

Nevertheless, both the 1972 and the 2005 Arbitration Laws are more liberal and allow for the recognition and enforcement of all foreign arbitral awards, whether or not they concern a commercial relationship.

(Source: DAL, Art. 7(1).)

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

In relation to the recognition and enforcement of arbitral awards under the New York Convention, the DAL does not distinguish between domestic and international awards. It follows from DAL Art. 38 that subject to the provisions of DAL Art. 39, an arbitral award shall be recognized as binding and shall be enforced 'irrespective of the country in which it was made'. Therefore, the same rules apply to international awards rendered in Denmark as elsewhere.

(Source: DAL, Art. 38.)

Special rules apply in relation to the recognition and enforcement of foreign arbitral awards governed by the 1961 Geneva Convention on International Commercial Arbitration. Since this convention falls outside the scope of the present questionnaire, reference is only made to the applicable provisions in Arts. 3(2) and 9-13 of Government Notice No. 117 of 7 Mar. 1973 on the recognition and enforcement of foreign arbitral awards and on international commercial arbitration. The Danish government has stated its intent to denounce the Geneva Convention. Until such termination has taken effect, DAL, Art. 40(5) upholds certain articles from the Geneva Convention.

(Source: DAL, Art. 40(5).)

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

(i) DAL, Art. 38(1), as referred to in Q.4 above.

(ii) Danish Court Procedures Law ( 'DCPL'), Arts. 478-480, 487-506 and 528-536, as made applicable to arbitral awards by DAL, Art. 38(1).

In general, Danish law is more favourable to the recognition and enforcement of foreign arbitral awards than the New York Convention.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

There is no specific limitation period applicable to recognition and enforcement of foreign (or domestic) awards in Danish law. However, according to Art. 5, combined with Art. 2, of the 2007 Danish law on the limitation of monetary claims, a 10-year period of limitation applies to monetary claims which have been established by 'binding decision', including arbitral awards. A similar statute of limitation does not exist in relation to non-monetary claims.

(Source: Law No. 522 of 6 June 2007 on the limitation of monetary claims, Art. 5 combined with Art. 2.)

The 2007 law on the limitation of monetary claims came into force on 1 Jan. 2008 and therefore applies to arbitral awards rendered on or after that date. Before that, a 20-year statute of limitation applied according to an earlier law on the limitation of monetary claims of 1908 (Law No. 274 of 22 Dec. 1908).

(Source: Law No. 522 of 6 June 2007 on the limitation of monetary claims, Art. 2.)

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

As stated in the answer to Q.6(a), a 10-year limitation period for monetary claims applies to arbitral awards rendered on or after 1 Jan 2008, and a 20-year limitation period for monetary claims applies to arbitral awards rendered before that date. This limitation period also applies to claims established by arbitral awards. According to the 2007 law on the limitation of monetary claims, the limitation period starts running from the date on which the creditor may claim payment (the due date) according to the decision. The limitation period is suspended when legal steps are taken to claim the debt. Following such steps, a new limitation period starts when a decision or decree is made or a settlement agreement is entered.

(Source: Law No. 522 of 6 June 2007 on the limitation of monetary claims, Arts. 2, 16 and 19(3).)

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

There are no specific rules governing the jurisdiction of Danish courts over recognition and enforcement of foreign or domestic arbitral awards. An action for recognition and enforcement of a foreign award may thus be brought before any Danish court of first instance. Also a levy court (fogedret, a division of the local city court) has jurisdiction over recognition and enforcement of foreign or domestic arbitral awards according to the provisions of DCPL, Art. 487. Recognition and enforcement proceedings can take place, inter alia, where the debtor resides, conducts business or holds assets.

(Source: DCPL, Arts. 224-227, 235-247 and 487.)

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

Jurisdiction over recognition and enforcement of foreign arbitral awards is normally accepted by the court (i) of the place where the respondent is domiciled or has its place of business or (ii) in the absence of a binding agreement between the parties on forum, the place where the respondent has assets.

(Source: DCPL, Art. 235-247.)

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The first decision granting or denying recognition and enforcement is obtained through inter partes proceedings.

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

Yes.

(b) How many levels of appeal or recourse are available against this decision?

As a general rule, at least one and possibly two. If the case is decided by a city court, appeal or recourse can be made to the competent high court. Under special circumstances, permission may be granted to appeal a high court decision further to the Supreme Court. If the case has been tried at first instance in a high court, recourse can always be made to the Supreme Court as jurisdiction of last resort.

(Source: DCPL.)

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

A levy court procedure for execution against assets of the respondent, and more generally for the enforcement of an arbitral award, may be initiated after the lapse of a two-week period as from the date on which the award was rendered. For example, if the award is rendered on 1 Mar., an application for execution against assets of the respondent, and more generally for the enforcement of an arbitral award, may be submitted to the levy court (fogedret) on 16 Mar. at the earliest. Execution against assets means that the levy court will take possession of the said assets and-in case of claims of property-hand them over to the creditor. If the claim is monetary, the levy court will proceed via auction. If the arbitral award is challenged before a court, the levy court may, at its own discretion, decide to stay the execution and enforcement proceedings.

If the arbitral tribunal has provided for a different execution time frame in the award, such different time frame replaces the aforementioned two-week period prior to execution.

(Source: DCPL, Art. 480(1), as made applicable by DAL, Art. 38(1).)

E. Evidence required

12.

(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

The following evidence must be supplied: (i) the arbitral award and (ii) the arbitration agreement, if the agreement is in writing (Danish law does not require arbitration agreements to be in writing).

(Source: DAL, Art. 38(2).)

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

It is necessary to supply: (i) the award in its entirety and (ii) the relevant parts of the document containing the arbitration clause, if the agreement is in writing (Danish law does not require arbitration agreements to be in writing).

(Source: DAL, Art. 38(2).)

(c) Are originals or duly certified copies required?

(i) An original or a certified copy of the award is required. (ii) Since Danish law does not require arbitration agreements to be in writing, there is no requirement to provide the arbitration agreement in its original (written) form. However, if the arbitration agreement is in writing, duly certified copy thereof is required.

(d) How many originals or duly certified copies are required?

DCPL, Art. 348(4) requires the plaintiff to file 'copies' of the documents in the file. Apart from the specific rules on arbitration agreements and awards, cf. answer to Q.12(c), there are no requirements that the other documents in the file be submitted in original or certified copies. It is common practice to file four copies to a court with three presiding judges, and two copies to a court with one presiding judge.

(e) Does the authority or court keep the originals that are filed?

A Danish court would usually keep the original documents in the file, unless a party requests their return.

13.

(a) Is it necessary to provide a translation of the documents supplied?

The language of Danish courts is the Danish language. Documents in foreign languages must be filed with a translation unless both parties agree not to have a translation filed and if the court is comfortable with the foreign language in question.

Usually, a Danish court would read Norwegian, Swedish and (mostly) English. Documents in other languages will usually have to be translated into Danish. This pragmatic approach is also reflected in DAL, Art. 38(2), according to which the documents should only be in Danish translation 'if necessary'.

Nordic citizens may produce documents in their own language. If required by another party or if the court deems it necessary, such documents will be translated to Danish on the court's initiative.

(Sources: DCPL, Art. 149; DAL, Art. 38(2).)

(b) If yes, into what language?

Danish.

(Source: DCPL, Art. 149; DAL, Art. 38(2).)

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

If the court requires a document in a foreign language to be translated into Danish, the translation must be verified by an authorized translator. Authorized translators are required to have passed certain language examinations.

(Sources: DCPL, Art. 149(2); Government Notice No. 29 of 17 Jan. 1992.)

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?

As indicated under Q.12(b) above, it is necessary to produce the award in its entirety and a certified copy of the arbitration agreement, e.g. relevant page of a written contract containing the arbitration clause. Whether it is 'necessary' to translate the award and the arbitration agreement depends on the position of the parties and the court, cf. answer to Q.13(a).

(Source: DCPL, Art. 149; DAL Art. 38(2).)

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

Yes. A Danish court may stay legal proceedings for recognition or enforcement pending the outcome of an application for setting aside or suspending the arbitral award.

(Sources: DCPL, Art. 345; DAL, Art. 39(3).)

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

In general, a court may, at its own discretion, decide to stay proceedings for recognition or enforcement of foreign arbitral awards, e.g. pending the rendering of 'an administrative or judicial decision' or when it is known that the parties are in settlement negotiations, if the court deems that such a stay is 'necessary'. The court's decision to stay the proceedings is subject to appeal.

(Source: DCPL, Art. 345.)

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

If the court where recognition or enforcement of an arbitral is sought is presented with a request to stay such legal proceedings on grounds that an application for setting aside or suspending an arbitral award has been submitted to another court, the party claiming recognition or enforcement of the award can ask the court to order the other party to provide appropriate security. Security may be required as a condition for granting a stay only in such case.

(Source: DAL, Art. 39(3).)

G. Confidentiality

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

Documents filed in legal proceedings for recognition and enforcement are not part of the public record in the sense that access to such documents is not granted to everyone. However, any person or entity with an individual and reasonable interest in the legal issues of the case has a right to access documents. Access can only be granted if the documents are deemed necessary for considering the said specific legal issue. There is no public access to internal working documents, e.g. documents prepared by the court for its own use and deliberation notes. There is only limited access to documents with information of a private nature or trade secrets, if, on balance, the interest of the party requesting access is found to be less substantial than the interests of the party requesting confidentiality, and if the interests of that latter party cannot be taken into account by removing names. It is up to the court to decide whether document access shall take the form of a right to go through the documentation in the court registry or to take copies. As a general rule, copying is allowed, unless there are special considerations as set forth above (trade secrets, etc.).

(Source: DCPL, Art. 41(d).)

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

As a general rule, court hearings on recognition and enforcement are open to the public, unless otherwise provided by law. As an exception to that rule, the doors can be closed if a public hearing would cause unnecessary harm to anyone, e.g. testimony is to be given on trade secrets.

(Source: DCPL, Arts. 28a and 29(1)(3).)

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?

There are no legal rules on how judgments in general are published in Denmark, and no specific rules on how judgments on recognition and enforcement of arbitral awards in particular are published. Some courts (including the Supreme Court and the Copenhagen Maritime and Commercial Court) make their judgments public on the Internet. Certain high court judgments and almost all Supreme Court judgements are published in the weekly law reports Ugeskrift for Retsvæsen and in a database of its contents made available by Thomson Publishers. The permission given to Thomson by the Danish Protection Agency Datatilsynet on 24 May 2002 requires, as one of many conditions, that judgments with confidential information shall be anonymized. A party may request the court or Thomson Publishers to render confidential information anonymous. In general, anonymization implies that names and, in certain cases, references to places are removed from the text.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

There are no specific statutory provisions on the recognition and enforcement of interim or partial awards. Awards that are partial, in the sense that they decide as a final matter one or more specific claims or counterclaims prior to the rendering of the final award, can be recognized and enforced provided that such recognition or enforcement is expressly decided in the award. Execution, however, can be conditioned on the applicant's providing security.

(Sources: DCPL, Art. 253; DAL, Art. 19(2).)

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

As a general rule, it is possible to obtain recognition and enforcement in Denmark of foreign awards granting non-monetary relief. The execution of such relief follows the rules of Chapter 48 DCPL (Arts. 528-536). The levy court (fogedretten) is responsible for the enforcement of such claims, if necessary assisted by local police.

(Source: DCPL, Arts. 528-536.)

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

The applicant can request and obtain recognition and enforcement of only part of the relief granted in a foreign award. If a ground for refusing recognition or enforcement only pertains to part of the arbitral award, then only that part of the award may be refused recognition or enforcement. If, for example, a court concludes that some claims in the award were not arbitrable, then the court will not enforce that part of the award that decides such claims and may enforce the rest of the award.

(Source: DAL, Art. 39(2).)

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

In practice, never. In effect, under Danish private international law, a Danish court will have to recognize the judgment of a competent foreign authority that set aside a foreign award and thus consider this award null and void. In theory, however, it may be argued that if a Danish court considers that the foreign judgment on the validity of the foreign arbitral award is not enforceable in Denmark due to Danish public policy reasons, the Danish court may make its own decision on the question of the invalidity of such award. However, there is no Danish case law on this subject.

If only part of the award is set aside (e.g. decisions on certain claims but not others), the other parts of the award remain enforceable.

(Source: General principles of Danish private international law.)

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

A court fee of DKK 300 (approx. 40 euros) plus 0.5 % of the amount sought to be enforced (excluding the first DKK 3,000 (approx. 400 euros) is payable; i.e. if the amount sought to be enforced is DKK 1 million (approx. 134,000 euros), a fee of DKK 5,285 is payable (approx. 700 euros).

(Source: Court Fees Law, cf. consolidated Law No. 936 of 8 Sept. 2006 as amended, Art. 16.)

Country Rapporteur: Mads Bryde Andersen.