Complex commercial litigation—Denmark—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Complex commercial litigation—Denmark—Q&A guide
  • 1. How common is commercial litigation as a method of resolving high-value, complex disputes?
  • 2. Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional?
  • 3. What is the legal framework governing commercial litigation? Is your jurisdiction subject to civil code or common law? What practical implications does this have?
  • 4. What key issues should a party consider before bringing a claim?
  • 5. How is jurisdiction established?
  • 6. Res judicata: is preclusion applicable, and if so how?
  • 7. In what circumstances will the courts apply foreign laws to determine issues being litigated before them?
  • 8. What initial steps should a claimant consider to ensure that any eventual judgment is satisfied? Can a defendant take steps to make themselves ‘judgment proof’?
  • 9. When is it appropriate for a claimant to consider obtaining an order freezing a defendant’s assets? What are the preconditions and other considerations?
  • More...

Complex commercial litigation—Denmark—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to complex commercial litigation in Denmark published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2021).

Authors: THOMSEN-FONAGER Advokatfirma—Bjarke Fonager Larsen; Mikkel Theilade Thomsen

1. How common is commercial litigation as a method of resolving high-value, complex disputes?

Commercial litigation is a method commonly used to resolve high-value, complex disputes in Denmark. That said, commercial arbitration is also common as a method of resolving such cases. It is not, however, possible to assess which method is more commonly used, as no official statistics exist on the number of litigation cases filed, and because it is not possible to deduce the number of high-value, complex litigation cases from the total number of civil litigation cases filed in Denmark. In the first three months (Q1) of 2020, the Danish district courts received a total of 13,117 civil litigation cases and had a total of 28,238 pending civil litigation cases.

2. Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional?

International parties doing business in Denmark often structure their business activities around Danish limited liability companies. As such, international parties are, by means of such a structure, indirectly subject to litigation

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