Revised rules on the taking of evidence in arbitration proceedings seated in Denmark
Most international arbitration cases rely in some way on the IBA Rules on the Taking of Evidence in International Arbitration, which blend legal traditions from different countries. These rules lean more towards common law (used in countries such as the US and the UK) but also include aspects of civil law (common in Europe). However, from a Danish perspective, the IBA Rules have their limitations and may not always be the most practical choice for arbitration proceedings in Denmark.
The DAA Rules are designed specifically for arbitration cases in Denmark, whether domestic or international. They are based on Danish key legal principles, such as giving parties control over their case and allowing each side to present and challenge evidence. These rules aim to provide a clear and effective framework for handling evidence in arbitration.
The DAA Rules govern the handling of documents, witnesses, and experts in arbitration cases, which differs significantly from court proceedings. For instance, arbitration often—and increasingly—relies on written witness statements, meaning that a witness may not be required to provide oral testimony at all. Additionally, the DAA Rules address the use of party-appointed experts, who are commonly relied upon in arbitration, in contrast to the court-appointed expert process used in court proceedings in Denmark.
The revision of the DAA Rules reflects a movement towards greater precision in the management of evidence-taking in arbitration, with a focus on tailoring the process to the needs of the parties and the specific arbitration proceedings while maintaining as much flexibility as possible.
Given these improvements, Plesner encourages parties and counsels to consider including the DAA Rules or drawing inspiration from them when drafting arbitration clauses or initiating new arbitration proceedings seated in Denmark.
Jimmy Skjold Hansen, who heads Plesner's arbitration team, led the revision process, which also included contributions from Gorrissen Federspiel and Aarhus University, among others. Behind the scenes, Plesner's arbitration team has also provided input. The work has been extensive and has taken place over the period 2022-2025.