The Law Of Arbitration

Original Language Title: Laki välimiesmenettelystä

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1992/19920967

In accordance with the decision of the Board of the scope of application of article 1 of this law provides: 2-50 of the arbitration procedure, which is intended to occur in Finland. The law provides in article 51 to 55 of the effects of a special agreement between the parties in Finland, which means in a foreign State, as well as arbitration in a foreign State on the implementation of the ruling of the arbitration on the validity and in Finland.

Article 2 of the arbitration agreement in a civil litigation matter, which may be the subject of agreements between the parties to the settlement agreement, may be determined the men's final. In the same way a ruling may also be imposed in the future, resulting from the existence of the agreement, laid down in the legal relationship issues, unless otherwise provided by law.

Article 3 of the contract shall be made in writing.
The arbitration agreement is in writing, if the contract is taken from the parties to sign the document, or if it is included in the exchange of letters between the parties. The contract shall be deemed to have been made in writing to the arbitration procedure, even when the parties are exchanging e-mail messages, or kaukokirjoitintiedotuksia or any other similar medium of documents ordered that the dispute is to be resolved in arbitration.
Contract shall be deemed to have been filed in writing within the meaning of paragraph 2, if the agreement has been made to the rest of the document, which is included in the order of the arbitration.

Article 4 of the arbitration agreement "is regarded as a kind of Testament, a gift book, Bill of lading, or with any of these and analogous documents, the rules of the Association or Foundation, or to the stock of the company or any other company's articles of association or of the community provision relating to arbitration, in which the parties or against which the claims are presented, are obliged to comply with.

section 5 of the Application issue that has to be resolved, the arbitrators shall not be party to the proceedings before the Court of inquiry, if it makes it to the argument before he is responsible for the main proceedings.
Notwithstanding the provisions of the arbitration agreement, the Court or other authority may, however, in the case of the arbitrators in the present or prior to the issue of temporary regulations and bans, according to the law, the administration of which is within the competence of the authority.

section 6: If a party refuses to leaving the matter referred to the arbitrators, or is not, despite the insistence of not opposing the agreed, within the time limit laid down, or legally fulfilled its mission of an arbitrator, within a reasonable time or has not completed the nimeäjänä share of the advance or the security of the men of the future, from requesting compensation, notwithstanding the provisions of the arbitration agreement, the only side to be his drive in support of the Court.

The arbitrators, paragraph 7, of the arbitrators shall be three, unless otherwise agreed by the parties to be more determined.

section 8 If the parties have not determined otherwise, the arbitrator must not be anyone of legal age a person who is not bankrupt and that action has not been limited. (as of 1 April 1999/460)
An arbitrator may also function as a non-citizen of Finland in Finland.

under section 9 of the arbitrator will be in Office to be impartial and independent.
The consent of the arbitrator it has been requested, shall immediately inform the task, unless he refuses to make the task, all the facts which could jeopardise his or her impartiality or independence as an arbitrator, or to cause these justified doubts.
The arbitration shall be obliged to notify the arbitration until the end of the procedure, all of the above factors, which are not already have been brought to the attention of the parties.

Article 10 of the arbitration is the requirement of the party to be declared esteelliseksi, if he were a judge was disqualified to handle the case, as well as the rest of a fact that is likely to give a legitimate reason to suspect the man's impartiality or independence.

Article 11 the parties may agree on the order in which the application for a declaration of man's esteelliseksi requirement needs to be examined. The party, however, is without prejudice to the right to demand the annulment of the arbitration panel ruling under article 41.
If in the absence of an agreement referred to in subparagraph (1), it is for the party to present a claim to an arbitrator within 15 days of the Declaration of esteelliseksi, when he has received the information from the men's section and the 10 point. The claim must be made in writing to the men. The claim, it shall notify it to the ground.
If a party has been calling for the Declaration of esteelliseksi and this guy will not give up its role or the other party does not accept the claim, the arbitrators shall resolve the issue of the esteellisyyttä. There may be a question to the Court of Justice only if the annulment of the ruling of the arbitration panel is required under section 41.

Article 12 of the Party, which wants to leave the dispute to be referred to the arbitrators, shall be communicated in writing to it only on their side. The notification shall contain a reference to the arbitration agreement and the dispute is mentioned in the question, who is going to be to leave the matter to the arbitrator, the arbitration agreement if it does not occur.
In the case referred to in subparagraph (1) above, the Declaration shall also state the arbitration party combined with the appointment of the arbitrators. At the same time, it is the other party be asked to notify the appointment of arbitrators, which is his point.
If the participation of the parties under the agreement, the designation of an arbitrator is a non-party to make the Declaration referred to in paragraph 1, shall also be forwarded to this requested task nimeäjälle and.

section 13 if the men must be more than one, but the parties have not agreed upon the men and not about how the arbitrators shall designate, each Party shall appoint an equal number of arbitrators. In this way, in addition to one of the designated arbitrators shall be selected as the Chairman of the Arbitration Act, unless otherwise agreed by the parties to the dispute have not been set, that is their designated arbitrators to be resolved.

section 14, if the President dies or resigns, or is compulsorily retired by a ruling of its there in his place to select a new arbitration. If that arbitrator to replace elected dies or resigns, or is compulsorily retired, the Court, on application by either party for a new arbitrator in his place.
If the arbitration agreement provided for arbitration in the event of the death or cannot or do not want to take on the task, or if he or she resigns or is compulsorily retired by a ruling of the Office and the parties involved have not reached an agreement in his stead to be imposed, the number of arbitrators, the Court on application by a party of an arbitrator, unless otherwise agreed by the parties concerned have agreed that the arbitration agreement in such a case, the lapses.

section 15 if the party or the other, to which article 12 of the Declaration referred to in paragraph 1, shall not, within 30 days of the notification of the arrival of the nimeäjänä and the man has not fulfilled its mission in writing notified the arbitration by the parties, a party, or if the sole arbitrators have not agreed on a President within 30 days after they have been appointed, can the party ask the Court to order the missing arbitrator or missing men.
What provides, is to be applied, if it does not, which is submitted to a written invitation to choose a vacancy caused by resignation, compulsory retirement or the arbitration of the deceased instead of, not an arbitrator within 30 days of the arrival of a call fulfilled its mission by the parties to the arbitrator, nimeäjänä, or if the arbitrators have not agreed to the Chairperson within 30 days of when they got the President of the death, resignation, or information.

section 16 if the dispute is to be resolved in a single arbitrator, but the parties have not reached agreement on the arbitrator within 30 days of when the party has received from the other party referred to in subsection (1) of article 12 of the Declaration, can the party ask the Court to order the man.

section 17: when the party is 14, 15 or 16 in the case referred to in section asked the Court to order the arbitrator, the arbitrator shall be designated by the Court, unless it is obvious, that the arbitration process is not legal.
Before the Court under the number of the arbitrator or arbitrators, it has to be reserved for the other party the opportunity to be heard, unless the arbitration as a result unreasonably delayed.
The decision of the Court of the arbitrator in the case shall not be subject to appeal. (28.6.1993/601) section 18 of the rules of procedure, the unsuccessful party has chosen the arbitrator and announced it only on their side, is this without the right to cancel the selection.

Article 19 of the subject of agreements between the parties to the arbitration may be deprived of his Office.
If the President will not be able to properly carry out its duties with or without acceptable reasons to delay the proceedings, the Court shall, on application by a party to be distinguished from him. Before the separation of the arbitrators must be reserved an opportunity to be heard, unless there are special.
The decision of the Court on the issue of the separation of an arbitrator shall not be subject to appeal.

section 20, article 12 and article 14-18 only, unless otherwise agreed by the parties must be respected have agreed otherwise.

Article 21 of the arbitration procedure will be initiated, when the party has 12 of the notification referred to in subparagraph (1) of section.

section 22 of the arbitrators shall be reserved for the parties the necessary opportunity to do the job.

pursuant to article 23 of the


Subject to the provisions of this law, is a matter to be followed, what the parties have agreed on the procedure. In the absence of such agreement, the punctuation in accordance with the provisions of this law, the men have the right to, and taking into account the requirements of fairness and numbers to decide the procedure to be followed at the hearing.

section 24 of the arbitration, the Parties shall determine the place of the arbitrators, if not agreed.
The reason is, the arbitrators may, however, consult with the parties, witnesses and experts, as well as perform audits not only of the parties agreeing to the processing of the place where the arbitration law in the manner established by or, also beyond the borders of Finland.

within a period to be determined by the applicant, pursuant to article 25 of the arbitrators shall be notified to the circumstances in which his action is based on the specific requirements, as well as the defendant, and to do so as a result. The men at the same time, to give the interested parties may be invited by the men of all the documents that may be relevant to the case, or to the documents or other evidence, that they are going to issue the offer.
A party may amend or supplement the claims and their basis, as well as to bring the action or claim receipt, unless as a result of such a measure would unduly delay the resolution of the dispute.
Paragraphs 1 and 2 only, unless otherwise agreed by the States must comply with the parties have agreed otherwise.

Unless otherwise agreed by the parties have not agreed, article 26 of which language or languages to be used at the hearing, the arbitrators to decide on this.
The men have the right to demand that every fact presented in the document shall be accompanied by a translation in a language in which this is handled.

Article 27 of The men are required to contribute to the proper and there is a dispute. They will receive for this purpose, ask for a party, witness or other person to issue a summons to the fact, as well as calls for the party or other person to present to the arbitrators for a possession of a document or object, which may be relevant as evidence.
The men do not have the right to impose a penalty and not give the other instruments. They also do not have the right to receive insurance. (12.6.2015/754)
L:lla 754/2015 modified 2 shall enter into force on the 1.1.2016. The previous wording is: The men do not have the right to impose a penalty and not give the other instruments. They also do not have the right to receive the solemn oath or affirmation and the truth of the statement.

section 28 Unless the parties have agreed otherwise, the arbitrators may order an expert to carry out studies and to give an opinion on a matter of relevance of the question, the judgment there is a need for a specific business information.
The arbitrators may also call on the party to give the expert the data necessary for the execution of the task, as well as to book him an opportunity to study the documents, goods or other property.

Article 29 If the arbitrators consider it necessary for a party, the questioning of a witness or expert before the Court, or an order that a party or a third person, to submit a document or object, which may be relevant to the evidence in the case, a party may make an application to the Court. (12.6.2015/754)
L:lla 754/2015 amended the Act shall enter into force on the 1.1.2016. The previous wording of is: If the arbitrators consider it necessary to the Court, the questioning of a witness or expert before the party being questioned the truth of the insurance costs to a party or a third person, or to submit a document or object, which may be relevant to the evidence in the case, a party may make an application to the Court.
The application referred to in subparagraph (1) above shall be made in the territory of the district (City) Court, which to be consulted or that otherwise applies, is staying.
The Court shall, in accordance with chapter 17 of the code of judicial procedure lays down what ' s justification of the civil case, carry out the measure referred to in the application, unless there is nothing to prevent.

section 30, if the parties agree that the arbitration procedure will be discontinued, or the arbitrators find that a procedure for some other reason to be able to continue, the arbitrators shall take a decision on the termination of the arbitration proceedings.
If the applicant withdraws his application, the arbitrators must also take a decision on the termination of the arbitration proceedings. If, however, the defendant contends the verdict and the men believe that the defendant is an acceptable reason to get the issue resolved, the procedure will continue, and the thing to solve the ruling.
The men's task is considered complete when the men are given in this section of the decision referred to in the judgment of the arbitration, or resolved unless 38, 39 or 42 of the.

The arbitration award is established in article 31 of the judgment on the law.
If the parties have agreed that the dispute shall be subject to a specific State law, the arbitrators shall establish a judgment on it.
If the parties have so agreed, however, to set up a sentence the men to get what they consider a reasonable (ex aequo et bono).

32 section if the arbitrators do not agree to resolve the matter, the Court shall, in accordance with the opinion of the majority. If the dispute concerns the amount of the required votes, who judge the highest amount of, read together with those who condemn the next lower amount until the total rises to more than half of all the votes cast.
If none of the opinion did not receive majority support, the Court shall, in accordance with the opinion of the President of the Court, unless the parties have agreed otherwise.

section 33 if the parties agree on the subject-matter of the dispute before the dispute, the arbitrators may, at the request of the parties to adopt, in accordance with the judgment of the parties by reconciliation, what provides in article 36.

Article 34 the arbitrators may individually solve the ruling of an independent claim, which shall set out a number of requirements. Similarly, the arbitrators may decide separately on the part of the claim which has been granted.
The estimates of the requirement and the set-off against a claim must be tackled together.

Article 35 the arbitrators may, if the parties have so agreed separately to resolve the issue of a dispute by arbitration judgment determining the rest depends on the resolution of the dispute.

Article 36 the arbitration award shall be in writing and signed by all the men.
The arbitrator's award shall state its date of issue and it is important to have been adopted in the community in which the arbitration is agreed upon or prescribed.

Article 37 Paragraph, duly signed, to the arbitration is to be given for each of them, be submitted to a party at the hearing of the arbitrators, or otherwise verifiable.

section 38 a party may request the arbitrator to be the men to correct a spelling error on the invoice or, as well as the rest of the type error. After notifying the other party of the party is to request an adjustment within 30 days from the date on which he received the judgment of the arbitration, subject to the rest of the song period.
If the arbitrators consider an adjustment request for the sake of argument, they need to make an adjustment without delay and, if possible, within 30 days of the receipt of the request to the Chairman of the arbitrators.
The arbitrators may, within 30 days from the date of the ruling of the arbitration panel referred to in subsection 1 shall of its own motion to correct an error. The parties, where appropriate, before the bug fixes is to be given an opportunity to be heard, after the.
What 36 and 37 of the judgment of the arbitration referred to in this article shall apply also to be adjusted by.

section 39 unless the parties have agreed otherwise, the party may, after notifying the other party request the arbitrators to give their ruling on the issue, amounting to an additional penalty which the arbitrators are ignored in its judgment. If the request is considered appropriate, the arbitrators shall be additional to the Court as soon as it can be.
What 36 and 37 of the judgment of the arbitration referred to in paragraph 1, shall also apply to the additional sentence.

The ruling of the arbitration under section 40 of the invalidity of the arbitration award shall be null and void: 1) to the extent that the arbitrator be solved a question that is not according to Finnish law, be settled by arbitration;
2) to the extent that the ruling of the arbitration panel shall be deemed to be in conflict with public policy in Finland;
3) if arbitration is so confusing or incomplete, that it is to find out how we have been sentenced; or 4) if arbitration is not in writing or does not have a statement signed by the arbitrators.
Notwithstanding the provisions of paragraph 4, the arbitration award is not null and void, even if one or more of the man's signature is missing from the sentence, if it is in the statement signed by the majority of the men, and these are meant to have participated in the arbitration, why the arbitrator's signature is missing.

The repeal of section 41 the ruling of the Arbitration Court may be the application of a party to undo: 1) where the arbitrators have gone beyond its competence;
2) if the arbitrator has not been set up in the appropriate order.

3) if arbitration according to article 10, there have been disqualified but the requirement made by the arbitrator, the party, in the appropriate order, the Declaration of esteelliseksi is not approved before the arbitration judgment, or if the party has knowledge of the disqualification so late, that he has not been able to claim for a declaration of esteelliseksi the man before the ruling of the arbitration; or 4) if the men are not reserved to the party concerned need to take this opportunity to their case.
The party does not have the right to demand the annulment of an arbitration award under paragraph 1 on the basis of paragraph 1, 2 or 3, if he is deemed by answering the main issue or in any other way have waived from relying on any of the grounds referred to in paragraph.
The party will take legal action repeal of the ruling of the arbitration within three months from the date when he has received the judgment of the arbitration or, if paragraph 38 or the request referred to in section 39 is made, from the date when he is received in response to a request by the decision of the arbitrators of the song.

under section 42, the Court in which the application for a declaration of invalidity is pending the ruling of the arbitration or an action for annulment may, at the request of any party to stay the proceedings and to book the men an opportunity to remove the cancellation or plea to continue the arbitration or to take any other measure necessary for that purpose.

The ruling of the arbitration täytäntöönpantavuudesta on the implementation of the ruling of the arbitration panel to decide on the General section 43.
The implementation of the ruling of the Arbitration Court addressed to the public, the application shall be accompanied by the arbitration agreement or in section 4 of the "order of the meaning and the arbitration award of the originals or certified copies. The document, which was drawn up in a language other than Finnish or Swedish, also be accompanied by a certified translation, on either of these languages, unless the Court makes this an exception.
Before the application referred to in paragraph 2 is granted only to the side of the applicant, is the implementation of be given an opportunity to be heard, unless there are special. The matter will be dealt with in the Office of the District Court, where a case does not proceed to hear a witness or other person to person. (1.11.1996/817), section 44, the Court may refuse the application referred to in section 43 only if it finds that the arbitration award is in fact referred to in section 40 of the null and void or has been revoked by a court decision or ruling of the Arbitration Court of the application for a declaration of invalidity or annulment of proceedings ordered by the Court, that it should not be put into effect.

45 section (27.6.2003/689) in the implementation of the ruling of the Arbitration Court of the order to be followed, what enforcement Act (37/1895), Chapter 2, section 19 provides for.
UlosottoL 37/1895 Ulosottokaarella 705/2007 is repealed. Ulosottokaari 705/2007 Chapter 2 section 19.

The costs of Arbitration section 46 unless otherwise agreed by the parties are jointly and severally liable or, to carry out the men compensation for their work and expenses.
The men of the future compensation for the time spent on the task, taking into account the degree of difficulty, and any other relevant factors, be reasonable.
The men have the right to require advance purchase or guarantee them a future.

Article 47 subject to the men in the firm has already been addressed under the arbitrator's award, the arbitrators will confirm and pay compensation to each of the arbitrators to judge the future.
The person concerned shall have the right within a period of 60 days from the date of receipt of a song from the arbitration, to apply to the Court to change the proxy to the judgment in so far as it relates to the amounts of compensation laid down by the men.
An appeal by submitting a written application, as well as a copy of the ruling to the district (City) Court in whose area of jurisdiction the arbitration award has been given.
The arbitrator's award shall indicate which of the party is to be followed, which wants to appeal against the judgment of the rates provided for in the arbitration case for men.

48 section before the Court of Justice referred to in section 47 the appeal, it must be provided to the other parties to the arbitration procedure and those of the Mediterranean, which rewards the appeal relates to the opportunity of being heard on the matter.

49 section unless the parties have agreed otherwise, the arbitrators may in its judgment or other decision, order the termination of the arbitration proceedings to which a party in whole or in part, to pay the costs of the other party, in accordance with the arbitration procedure, mutatis mutandis, to what oikeudenkäymiskaaressa, the decision on costs.

The ruling of the Arbitration Court under section 50 of the application for a declaration of invalidity or revocation action will be examined in the General District Court at the place of business where the arbitration award has been given.
14 to 16 above, paragraph 19, and case as well as the validity of the arbitration agreement, the question of the validity and suitability for a particular dispute are examined by the District Court at the place of the public with one of the parties is domiciled or, if none of the parties does not have a registered place of business in Finland, the Helsinki District Court.
The parties may agree to the processing referred to in paragraph 1 and 2 in the General Court.

The arbitration Proceedings on the matter in a foreign State under section 51, which, within the meaning of section 3 of the special agreement or in section 4 of the order referred to in that it is to be resolved in the arbitration proceedings in a foreign State, shall not be admissible in the proceedings before the Court, if the other party makes it the substance of the claim before the match, unless the law applicable to the arbitration agreement or order it to be invalid.
Notwithstanding the provisions of the agreement referred to in subparagraph (1) above, the Court or other authority may, however, in the case of the arbitrators in the present or prior to the issue of temporary regulations and bans, according to the law, the administration of which is within the competence of the authority.

Article 52 the arbitration award, which has been issued in a foreign State as referred to in paragraph 3 of article 4 of the arbitration agreement, or pursuant to the order, it is referred to in force in Finland, unless otherwise provided for below.
The arbitration referred to in subparagraph (1) above does not apply to the extent that it is contrary to public policy in Finland.

Article 53 the arbitration referred to in section 52, however, is not in force in Finland, positing that: 1) he was not eligible to make a proxy agreement, or it was not properly represented, or that within the meaning of article 3 of the contract does not, as a result of the arbitration agreement in the form of the issue according to the law chosen by the parties or is not valid, when it cannot be inferred from the law of the State of which the parties are intended for application in the According to the law of the State in which the arbitration award is issued;
2) has not been notified, in the appropriate order, the imposition of an arbitrator or of the arbitration proceedings or he otherwise has been prevented from driving their case;
3) the men have gone beyond its competence;
the composition of the arbitral tribunal, or 4) the arbitration agreement of the parties, or has significantly deviated from, in the absence of such an agreement, the State of the law, in which the arbitration has taken place; or 5) the arbitration award has not yet become binding on the parties, or of its implementation has been suspended in the country in which or for which it has been provided, or by the law of the arbitration award in that State has been declared invalid or revoked.

section 54 of the arbitration in a foreign State, which, as the above is valid in Finland, is the application to be implemented here. The application shall be addressed to the public on the implementation of the district (City) Court.
The application shall be accompanied by the contract or its "be considered in section 4 of the order of the Court of Arbitration referred to in the original or certified copies. The document, which was drawn up in a language other than Finnish or Swedish, in addition to the application be accompanied by a certified translation on either of these languages, unless the Court makes this an exception.

55 section before the foreign arbitration provides for the Court to be implemented, an applicant must be provided to the other party the opportunity to be heard, unless there are special. The matter will be dealt with in the Office of the District Court, where a case does not proceed to hear a witness or other person to person. (1.11.1996/817)
If the opposing party claims that he has called for the annulment of the ruling of the arbitration panel for declaration of nullity or annulment or suspension of the operation of section 53 of the State referred to in paragraph 5, the competent authority, the Court may, if the subject is, to postpone the adoption of the decision on the implementation of the. At the same time, at the request of the applicant, the Court may order that the other party must be set to the appropriate decision on the implementation of the security threat that otherwise may be provided.

Section 56 of the entry into force of this law shall enter into force on 1 December 1992.
This law does not, however, apply to the arbitration procedure, which is instituted before its entry into force.
If the arbitration award will be given in Finland since the entry into force of this law, it must, however, be given in accordance with this law and cannot be considered to be negligible or repeal on the basis of other than as provided for in this Act.

Article 57


This Act repeals the arbitration law of 4 February 1928 (46/28), as amended, as well as the later and the recognition and enforcement of foreign arbitral awards, done at New York on 10 June 1958, the adoption of certain provisions of the Convention and the implementation of arbitration awards on 5 January 1962 (200/62) in sections 2 and 3.
When required by law or regulation refers to the arbitration law on 4 February 1928, is this law rather than apply. THEY 202/91, LaVM 4/92 acts entry into force and application in time: 28.6.1993/601: this law shall enter into force on 1 July 1993.
THEY'RE 79/93, LaVM 11/93 1.11.1996/817: this law shall enter into force on 1 December 1996.
THEY LaVM 92/1996, 10/1996, EV 123/1996 of 1 April 1999/460: this law shall enter into force on 1 December 1999.
THEY 146/1998, LaVM 20/1998, EV 234/1998 27.6.2003/689: this law shall enter into force on 1 March 2004.
Before the entry into force of this law shall apply to the proceedings which have been issues at the time of entry into force of the laws of the place of the provisions in force.
THEY 216/2001, LaVM 34/2002 RSV 305/2002 12.6.2015/754: this law shall enter into force on the 1 January 2016.
THEY'RE 46/19/2014 2014, LaVM, EV 274/2014