How is arbitration initiated?
A request complying with section 11 of the Rules of the Arbitration Institute
is submitted to the Institute in writing in two copies with appendices and
copies with appendices to the Arbitral Tribunal. If there are more respondents
than one, it is recommended that the request and appendices are also submitted
in as many copies as there are respondents with copies for the Arbitral
Tribunal.
The request shall inter alia contain a short account of the dispute, and
the parties to the dispute with their contact information and a preliminary
statement of the claimant’s claims including the value of the claims in
euros. The document containing the arbitration agreement must be appended
to the request. If the claimant has a counsel, the request has to contain
a power of attorney. For further information on the initiation of arbitration
please see Arbitration
Proceedings/Initiation of Arbitration.
How long does arbitration take?
The Arbitration Act does not have a set period
for rendering the arbitral award.
If the arbitration is conducted in accordance
with the Arbitration Rules, the time limit for rendering the arbitral award
is one year. According to the Rules for Expedited Arbitration the arbitral
award shall be rendered within 3 months.
The median duration of arbitration under the Arbitration Rules is about
9 months.
How are the arbitrators chosen?
The arbitrators are chosen on the basis of their experience and expertise.
Who chooses the arbitrators?
If the arbitration agreement states that the Arbitration Institute of the
Finland Chamber of Commerce appoints the arbitrators, the Institute shall
appoint the arbitrator/arbitrators on the basis of the request at its meeting.
The Institute has no list of arbitrators on which the appointment is based;
instead, the appointment is made case by case. If the arbitration agreement
does not state the party appointing the arbitrators, the Arbitration Act
in force (967/1992) shall govern.
When is the registration fee paid?
When filing the request, the claimant shall pay the registration fee into
the following account of the Finland Chamber of Commerce:
NORDEA 120030-53991
SWIFT-code: NDEAFIHH
IBAN: FI23 1200 3000 0539 91
In connection with the payment, the party must
state that it is the registration fee of the Arbitration Institute as well
as indicate the parties to the case and the date of the request.
Example: Registration fee of the Arbitration
Institute in case X Oy /
Y Oy, 25 April 2003.
A receipt for the payment of the registration
fee has to be appended to the request.
Where can one appeal an arbitral award?
An arbitral award is final. It cannot be appealed. However, an arbitral
award may be null if the award is contrary to the Finnish ordre public.
If the arbitrators have not reserved the parties the necessary opportunity
to try their case, the court may revoke the arbitral award upon a complaint
if the complaint is brought within three months from the date on which the
party received a copy of the arbitral award (see section 41 of the Arbitration
Act). An application for an amendment of the fees payable to the arbitrators
may be filed to a general court of first instance within two months from
the receipt of the arbitral award (see section 47 of the Arbitration Act).
When the arbitral proceedings shall be deemed
to be commenced?
Under section 13 of the Arbitration Rules, the arbitral proceedings shall
be deemed to be commenced when the request referred to in section 11 or
its copy is served on the respondent in the matter.
How often does the Board of the Arbitration
Institute meet?
The Board of the Arbitration Institute meets about once a month and less
often in summer.
How can one obtain information on arbitral awards?
Until the year 1992, arbitral awards were deposited with the District Court.
At present, arbitral awards in redemption cases under the Companies Act
have to be registered with the National
Board of Patents and Registration. Other arbitral awards are not public,
so you can familiarise yourself with them only upon the consent of both
parties.
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