i-law

International Construction Law Review

NEW RULES FOR DANISH BUILDING ARBITRATION 2010

IRENE WITTRUP

Lawyer, member of the Arbitration Board

1. INTRODUCTION

In Denmark disputes concerning construction law are normally decided by a permanent court of arbitration called the Voldgiftsretten for Bygge- og Anlægsvirksomhed (the Building and Construction Arbitration Court) or VBA. Contrary to most other disputes which are normally decided by the ordinary courts of justice a decision by the VBA is final and cannot be appealed. Utilisation of the VBA is by agreement amongst the parties involved and is not mandated by law.
The VBA is a stipulation of document AB 92 (General Terms for Building and Construction Work) which is an agreement most commonly in use between an employer and a contractor for contracts of substantial value. AB 92 states that disputes should be solved by using the VBA.
Similarly, all major contracts between an employer, the architect and the engineer are based on an agreed document called ABR 89 (General Conditions for Consulting Services). This document also prescribes that disputes should be resolved by the VBA.

2. THE VBA

2.1 The arbitrators

Parties involved in building disputes prefer the VBA to the ordinary courts because the VBA makes use of arbitrators with technical backgrounds. Co-operation between legal and expert arbitrators is very important in construction law disputes, because an understanding of the legal issues as well as technical circumstances is essential to solve effectively the specialised details of a construction law dispute.
Normally the legal arbitrators of the VBA are judges in one of the two High Courts or in the Supreme Court of Denmark, although holding a

The International Construction Law Review [2012

480

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.