Commercial disputes & arbitration

Horten ensures highly specialised advice in connection with arbitration. Our expertise in this area builds on many years' experience conducting litigation before arbitration boards and arbitration tribunals. Several of our lawyers are experienced arbitrators.

We have special experience conducting arbitration proceedings for enterprises within the building and construction sector, the energy sector and within oil and gas.

Our advice is provided already before the dispute arises. We assist clients drafting arbitration and choice-of-law clauses and make relevant risk assessments. We advise on all elements of arbitration proceedings and are experts in planning arbitration procedures ensuring that our clients' financial and temporal needs are catered for in the best possible way.  

We have special expertise within:

• The establishment and competence of the arbitration tribunal
• Planning arbitration procedures
• Preservation of evidence and preparing evidence
• Document handling and IT document management
• Enforcement of international arbitration awards

Horten's CDA team (Commercial Disputes and Arbitration) has unique insight into and wide practical experience within international arbitration. Our lawyers have in-depth knowledge about and understanding of the rules, principles and conventions applicable in general to international arbitration as well as comprehensive knowledge of national arbitration rules and the related legislation in a large number of countries. This combination of insight, legal expertise and experience is decisive for being able to provide effective and professional advice on international arbitration and is decisive for companies' possibilities of successful implementation of international arbitration proceedings.

We advise on all phases of international arbitration, including:

• Election of choice-of-law clauses
• Commencement of arbitration proceedings
• Election of arbitrators to conduct arbitration in close cooperation with first-class lawyers from other countries, where required or appropriate
• Challenging arbitration awards in Denmark and abroad.

We assist all types of companies with our experience and expertise within international arbitration. We have particular experience as an adviser to Danish and foreign companies operating within:

• Building and construction
• Energy, including oil and gas
• Transport
• Shipping
• Insurance, including reinsurance.

Horten has unique insight into and wide experience assisting enterprises in relation to international enforcement. Our lawyers specialised in international enforcement have in-depth knowledge of and experience handling the number of international conventions on states' mutual recognition of international arbitration awards and the rules primarily governing this area of the law.

Being successful in international legal proceedings or arbitration proceedings is often only the first step towards final success as the losing party often fails to comply with the decision. This may be due to e.g. an unwillingness to pay or that the arbitration proceedings have not been conducted in accordance with the rules and principles in force. 

We advise on all phases of enforcement of arbitration awards in Denmark and abroad. We act on behalf of both the plaintiff and the defendant, including in close cooperation with highly specialised lawyers from other countries, where required or appropriate.

Horten has some of the most experienced lawyers in Denmark within dispute resolution and mediation. Several of our lawyers were among the first to introduce mediation as a dispute resolution model in Denmark and have thereby also contributed to influencing the development within meditation and dispute resolution.

Not all disputes may be resolved by mediation, but a constructive dialogue with the opponent is often worth the try. When a dispute arises or threatens to arise, we examine and assess - on the basis of our many years' experience - the possibilities of resolving the dispute by mediation and advise our clients on various scenarios and possible consequences from a legal and commercial point of view. We assist with the election of mediator and stand by our clients before, during and after the mediation procedure. 

Horten also has practical experience as a mediator, and several of our lawyers are trained mediators and often act as such in various types of disputes. This provides us with broad insight into the world of mediation and forms a valuable basis when advising on the election of mediation as dispute resolution model and the subsequent procedure.