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Litigation in Denmark

Litigation in Denmark

Updated on Thursday 19th January 2017

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What are the types of Courts in Denmark?

The Danish judicial system is divided into courts of Denmark, court of Faroe Islands and the courts of Greenland.         

The courts of Denmark are the district courts, the Western High Court, the Eastern High Court and the Supreme Court.

The Court of Faroe Island has the same powers as the Danish district court.

The courts of Greenland are judicial districts courts, the Court of Greenland and the High Court of Greenland.

Besides the above, there are also the maritime and Commercial Court and the Land Registration Court.

 

What are the responsibilities of the Courts in Denmark?

The district courts in Denmark are divided into civil case courts and criminal case courts. The civil case district courts are hearing cases when a party is asking the court’s help against another party, while the criminal cases district courts are hearing cases issued by the police investigations. Our Danish lawyers can offer you legal assistance and representation in any litigation case.

The decision taken by the district court can be appealed in front of the Western High Court in Viborg which hears cases from Jutland, or eastern High Court in Copenhagen which hears cases from the rest of the country.

The Supreme Court acts as a civil and criminal appellate court for cases from the subordinate courts (High Court of Eastern Denmark, the High Court of Western Denmark and the Copenhagen Maritime and Commercial Court). It’s located in Copenhagen and consists in two chambers composed by judges and a President. The cases are heard by at least five judges and in certain cases, their number can be bigger. Our lawyers in Denmark can give you more details about the duties of the Supreme Court.

The maritime and Commercial Court is divided into the court department and the administration of estate department. The court department is the first instance for cases about patents, design and trademarks international commercial cases, competition cases. The department for administration of estate hears the cases from the greater Copenhagen Area related on the company’s bankruptcy, compulsory liquidation, compulsory winding up, suspension of payments and debt restructuring.

The Land Registration Court is responsible for the registration of real estate.

The Court of the Faroe Islands is situated in Torshavn and has the same competencies as the Danish district courts.

The Courts of Greenland are divided into judicial districts courts, the Court of Greenland and the High Court of Greenland.

 

What are the responsibilities of the Arbitration Court in Denmark?

The Danish Institute of Arbitration was founded in 1984 and it’s a non-profit foundation.

Arbitration is a process based on an agreement signed by two parties which agrees to come in front of a commission if a misunderstanding interferes with their activities. The arbitration court is independent from any Danish Court and its decisions cannot be appealed in front of them.

Usually the place of arbitration is Copenhagen, unless agreed otherwise by the arbitration contract.

The request for arbitration in Denmark must be accompanied by a statement of the claim or by a declaration containing the full names and addresses of the parties, a request for starting the arbitration procedure and a content of the claim which must be hear by the court. As a consequence, the claimant and the respondent will receive a copy of the “Rules of Arbitration Procedure” in the Danish version and a communication of the beginning of the arbitration procedure.

The requester must also submit a registration tax of 7,500 DKK.

 

How long does Litigation in Denmark take?

The litigation process in Denmark can take from a few month to a few years especially if appeals are raised against the initial decision. If you are involved in a dispute in Denmark, please contact our Danish litigation lawyers, who will help you resolve the conflict either through the arbitration method or the judicial one.

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