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What are the validity requirements for an arbitration agreement?
Both written and oral arbitration agreements are valid under Danish law. The validity of an arbitration agreement depends on the authority of the parties entering into the agreement (eg, legal age and authority to bind a company). Consumer arbitration agreements entered into before a conflict arises are not binding on the consumer.
Enforcement of agreements
How are arbitration agreements enforced in your jurisdiction? What is the attitude of the national courts towards arbitration agreements?
Arbitral agreements are generally respected by the Danish courts.
Can an arbitral tribunal with its seat in your jurisdiction consolidate separate arbitral proceedings under one or more contracts, and, if so, in what circumstances?
It is possible if authorised by the arbitration agreement or by the rules of the applicable procedure (eg, institutionalised arbitration).
Choice of law
How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?
If the parties have not agreed on a choice of law, the arbitral tribunal must determine the applicable law based on the circumstances. This implies a wide discretion on the part of the arbitral tribunal.
Are there any provisions on the separability of arbitration agreements?
Arbitration clauses in contracts are considered separate agreements (ie, independent of the validity of the agreement in which the clause is included).
Are multiparty agreements recognised?
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