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In accordance with the decision of the Parliament:
Articles 2 to 50 of this Act provide for an arbitration procedure intended to take place in Finland. Articles 51 to 55 of the Act provide for the effect of an arbitration agreement in Finland, which refers to an arbitration procedure in a foreign country, and the validity and implementation of the arbitration award given in Finland.
A dispute between the parties concerned may be definitively settled by agreement between the parties concerned. In the same way, it may also be possible to determine in future such disputes arising from the legal relationship expressed in the contract, unless otherwise provided for by law.
The arbitration agreement shall be made in writing.
An arbitration agreement shall be considered in writing if the contract has been taken into account by the parties to sign the document or if it is included in the correspondence between the parties. The agreement on arbitration shall also be deemed to have been made in writing where the parties concerned have determined that the dispute is between the arbitrators and the other documents produced by means of electronic or telephonetic information or other documents produced in a similar manner. Resolve.
An arbitration agreement shall also be deemed to have been made in writing if the contract concluded within the meaning of paragraph 2 contains a reference to another document containing an order for arbitration.
The contract for an arbitration agreement shall be deemed to be in the form of a will, a gift book, a conoscement or a document, an association or a foundation, or a public limited liability company or a company or a company governed by Community law. An arbitration order which is subject to compliance by the parties or by the person against whom the claims are made.
The issue of an issue which is to be settled by arbitrators shall not be admissible if the other party makes a claim before he responds to the main proceedings.
However, notwithstanding an arbitration agreement, the court or other authority may, before or before the arbitrators, issue provisional orders and prohibitions which, by law, fall within the competence of the authority.
Where a party refuses to leave it to the arbitrators or not, in spite of the claim of the defendant, within the time-limits laid down, or within the time-limits laid down, the appointment of the arbitrator or not within a reasonable period of time Without prejudice to the provisions of the arbitration agreement, the defendant may, without prejudice to an arbitration agreement, take his position before the courts.
There shall be three arbitrators, unless otherwise specified by the parties.
Unless otherwise determined by the parties, the arbitrator shall be each adult who is of age who is not bankrupt and whose viability is not limited. (11.4.1999)
As an arbitrator in Finland, other than Finnish citizens are allowed to operate in Finland.
The arbitrator shall remain impartial and independent.
The person whose consent is requested shall be immediately informed, unless he refuses the task, all elements likely to jeopardise his impartiality or independence as an arbitrator or to cause such relations Justified doubts.
Until the end of the arbitration procedure, the arbitrator shall be obliged to disclose all the above facts which have not been brought to the attention of the parties.
The arbitrator shall, at the request of a party, be declared to be aesthetic if he had been the judge of an obstacle to the case, as well as any other circumstance liable to give rise to doubts as to the impartiality of the arbitrator. Or independence.
The parties may agree on the order in which the requirement to declare the arbitrator must be examined. However, without prejudice to Article 41, the party concerned has the right to seek the annulment of the arbitration award.
If the agreement referred to in paragraph 1 has not been concluded, the party shall be required to make the declaration of the arbitrator aesthetic within 15 days from the date on which he was informed of the setting up of the arbitrators and of the fact referred to in Article 10. The requirement shall be made in writing to the arbitrators. The requirement shall state its reasons.
If a party has called for an arbitrator to be declared aesthetic and does not resign, or the other party does not accept the claim, the arbitrators shall resolve the question of accessibility. The Court's case may only be considered when the annulment of the arbitration ruling is required under Article 41.
An interested party who wishes to lodge a dispute with the arbitrators shall notify the defendant in writing. The notification shall contain a reference to the arbitration agreement and shall indicate the dispute which is to be submitted to the arbitrators, unless it is reflected in the arbitration agreement.
The notification referred to in paragraph 1 shall also include the designated arbitrators of the party requiring arbitration. At the same time, one of the parties shall be advised to notify the arbitrators whose designation is his or her case.
Where, according to the agreement of the parties, the appointment of an arbitrator is not a party to the party, the notification referred to in paragraph 1 shall also be submitted to the designator and requested to carry out the task.
Where there must be more than one arbitrator, but the parties have not agreed between the arbitrators and the identity of the arbitrators, each party shall designate as many arbitrators. In addition, the designated arbitrators shall select one arbitrator to chair, unless the parties have determined that the dispute is to be resolved by the arbitrators appointed by them.
If the arbitrator dies or resiges, or if he is expelled from his post, he shall be replaced by a new arbitrator. If, in the event of such an arbitrator, the chosen person dies or resiges or is suspended, the court shall order the new arbitrator on the application of one of the parties.
Where the arbitrator, as provided for in the arbitration agreement, dies or is unable or unwilling to take up the task, or if he resignations or is expelled from his office, and the parties have not reached an agreement on the arbitrator to which he is based, the court shall prescribe: On the application of the party, the arbitrator, unless the parties have agreed that the arbitration agreement in such a case shall lapse.
If the person concerned or any other person to whom the notification referred to in Article 12 (1) has been submitted, within 30 days of the date of arrival of the notification, has not fulfilled his/her appointment as the arbitrator of the arbitrator and in writing The party concerned or where the arbitrators designated by the parties have not agreed within 30 days of the date on which they have been appointed, the party may ask the court to order the missing arbitrator or missing persons.
The provisions of paragraph 1 shall apply mutatis mutandis, unless the person to whom a written request has been sent to choose an arbitrator, instead of a deceased, separated or separated mediator, has not, within 30 days of the date of the request, fulfilled his/her appointment with the arbitrator Or where the arbitrators designated by the parties have not agreed within 30 days of the date on which they were informed of the death, resignation or dismissal of the President.
If the dispute is settled by one arbitrator, but the parties have not reached an agreement on the arbitrator within 30 days of receipt of the notification referred to in Article 12 (1) from the other party, the party may request: The court to order the arbitrator.
Where, in the case referred to in Articles 14, 15 or 16, a party has asked the court to order an arbitrator, the court shall designate an arbitrator, unless it is apparent that there are no legal conditions for the arbitration procedure.
Before the Court pursuant to paragraph 1, the arbitrator or arbitrator shall reserve the opportunity for the other party to be heard, unless the arbitration procedure is unduly delayed.
No appeal shall be lodged against the decision of the court on the prescription of the arbitrator. (28.6.1993/601)
The person who has chosen the arbitrator and declared it to the opposing party shall not withdraw his choice.
The arbitrator may be relieved of the contract between the parties concerned.
If the arbitrator cannot properly carry out his or her task or delay the proceedings, the court shall, on application by the party concerned, dismiss him of his/her duties. Before separation, the arbitrator shall be given an opportunity to be heard, unless there is a particular obstacle.
The Court's decision on the dismissal of the arbitrator shall not be subject to appeal.
Articles 12 and 14 to 18 shall be complied with only if the parties have not agreed otherwise.
The arbitration procedure shall be initiated when the party concerned has received the notification referred to in Article 12 (1).
The arbitrators must provide the parties with the necessary opportunity to pursue their case.
Subject to the provisions of this Act, the parties shall comply with the procedure laid down in the procedure. In the absence of such an agreement, arbitrators shall be entitled, in accordance with the provisions of this Act, and in the light of the requirements of impartiality and urgency, to determine the procedure to be followed.
The arbitrators shall be determined by the arbitrators, unless the parties have agreed.
However, when it is necessary, the arbitrators may consult the parties, witnesses and experts and carry out audits not only on the basis of the agreement of the parties, but also in the place where the arbitral tribunal is held, including outside the Finnish borders.
In the period prescribed by the arbitrators, the applicant shall state the grounds on which his action is based, and the requirements which have been identified, together with the defendant's response. The arbitrators may, at the same time, invite the parties to provide the arbitrators with all the documents which may be relevant, or to mention the documents or other evidence which they intend to present.
During the arbitration procedure, the party may amend or supplement its requirements, as well as the grounds on which they are met, as well as to bring a counterclaim or demand an appeal, unless the case for such an action is unduly delayed.
Paragraphs 1 and 2 shall be complied with only if the parties have not agreed otherwise.
If the parties have not agreed on the language or languages to be used, it is up to the arbitrators to decide.
The arbitrators shall be entitled to require that each document to be presented must be accompanied by a translation into the language of the case.
The arbitrators must contribute to the proper and timely settlement of the dispute. They shall, for this purpose, request a party, a witness or any other person to appear in the proceedings, and shall invite the party or any other person to present to the arbitrators a document or object in their possession which may have: Importance as evidence.
The arbitrators are not entitled to impose periodic penalty payments or to impose any other means of coercion. They also do not have the right to receive insurance. (12/05/2015)
L to 754/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:
The arbitrators are not entitled to impose periodic penalty payments or to impose any other means of coercion. They also do not have the right to take the oath or the insurance or the insurance.
Unless otherwise agreed by the parties, the arbitrators may order the expert to carry out the studies and to make an opinion on a question relevant to the settlement of a case which requires special consideration. Professional information.
The arbitrators may also invite the party concerned to provide the expert with the necessary information and to give him the opportunity to examine documents, goods or other property.
If the arbitrators consider the need for questioning by a party, a witness or an expert, or an obligation for a party or a third party to submit a document or an object which may be relevant to the case, The party may submit an application to that effect to the court. (12/05/2015)
L to 754/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
Where the arbitrators deem it necessary to examine a witness or expert before a court, an examination by a party under truth insurance or an obligation for a party or a third party to submit a document or an object which may have: In the case, the party may lodge an application for that purpose to the court.
The application referred to in paragraph 1 shall be submitted to the general public right in the territory of which the person is to be consulted or otherwise affected.
The court is, in accordance with In Chapter 17 of the Court of Justice Provides for evidence in a dispute, carry out the procedure provided for in the application, unless there is a barrier to it.
If the parties agree that the arbitration procedure is not continued, or the arbitrators find that the procedure for any other reason cannot be continued, the arbitrators shall decide to terminate the arbitration procedure.
If the applicant withdraws its action, the arbitrators shall also decide to terminate the arbitration procedure. However, if the defendant requires a judgment and the arbitrators consider that the defendant has an acceptable reason for the final decision to be settled, the procedure may be extended and the matter settled by arbitration.
Subject to Articles 38, 39 or 42, the arbitrators shall be deemed to have been closed when the arbitrators have adopted the decision referred to in this paragraph or resolved the matter.
The arbitrators must base their judgment on the law.
Where the parties have agreed that the law of a particular country must be governed by the law of a particular State, the arbitrators shall base their judgment on the law.
However, if the parties have agreed, the arbitrators shall base their judgment on what they consider to be reasonable ( Ex aequo et bono ).
If the arbitrators disagree with the decision, the judgment must be delivered in accordance with the majority opinion. If the disagreement concerns the required quantity, the votes of those who condemn the highest number shall be read together with those who are more likely to condemn the lower number until the total number of votes rises to more than half of all votes.
If no opinion has received a majority, the judgment shall be delivered in accordance with the opinion of the President, unless otherwise agreed by the parties.
In the event of a dispute between the parties concerned, the arbitrators may, at the request of the parties, confirm the agreement of the parties, in accordance with the provisions of Article 36.
In the case of arbitrators, the arbitrators may decide separately on an independent requirement in a case where a number of requirements have been made. Similarly, arbitrators may decide separately the part of the claim that has been granted.
The claim for recovery and the claim against it must be resolved jointly.
The arbitrators may, if the parties have so agreed, decide, on a case-by-case basis, to settle a dispute which depends on the rest of the dispute.
The judgment shall be drawn up in writing and signed by all arbitrators.
The judgment shall state the date of issue and shall be entered in the place where the arbitration procedure has been agreed or ordered to take place.
The arbitration award, duly signed, shall be issued to each of the parties concerned at the meeting of the arbitrators or to be provided in a demonstrable manner.
A party may ask arbitrators to correct a clerical or clerical error in the arbitration judgment, as well as any other such error. The party concerned shall, after informing the counterparty, request an adjustment within 30 days of receiving a copy of the copy, unless otherwise agreed.
If the arbitrators consider the request to be made appropriate, they shall rectify the adjustment without delay and, if possible within 30 days of the request, to the President of the arbitrators.
The arbitrators may, within 30 days from the date of the arbitration award, rectify the error referred to in paragraph 1. Before making a mistake, the parties concerned shall, where appropriate, be given an opportunity to be consulted on the correction.
Articles 36 and 37 shall also apply to the adjustment referred to in this paragraph.
Unless otherwise agreed by the parties, the party may, after informing the party, ask the arbitrators to give further judgment on an issue which has been settled by the arbitrators in their judgment. If the request is deemed appropriate, the arbitrators shall issue an additional sentence as soon as possible.
Articles 36 and 37 shall also apply to the additional sentence referred to in paragraph 1.
The judgment is null and void:
(1) to the extent that the arbitrators have settled a question which, according to Finnish law, cannot be resolved by arbitration;
(2) to the extent that the arbitration ruling must be regarded as incompatible with the criteria of the Finnish legal order;
(3) where the arbitration is so confusing or incomplete, that it does not find out how the judgment has been convicted; or
(4) where the arbitration is not written or signed by the arbitrators.
Notwithstanding the provisions of paragraph 1 (4), the arbitration award shall not be null and void, even if the signature of one or more arbitrators is absent from the judgment, if it is signed by the majority of the arbitrators and has subscribed to the arbitration ruling, The signature of the arbitrator who participated in the hearing.
The judgment may be annulled by the party concerned:
(1) where the arbitrators have gone beyond their competence;
(2) where the arbitrator is not set in an appropriate order;
(3) where the arbitrator, in accordance with Article 10, has been prevented from declaring an arbitrator to be declared aesthetic before the conclusion of the arbitration order, or where the party has been informed, Avoidance at such a late hour that he has not been able to demand that the arbitrator be declared aesthetic before the arbitration is delivered; or
4) where the arbitrators have not reserved the necessary opportunity for the party to pursue their case.
The party concerned shall not be entitled to seek the annulment of the arbitration award pursuant to paragraph 1, paragraphs 1, 2 or 3, if he or she is to be regarded as equivalent to the principal or otherwise reneged on the grounds referred to in paragraph 1.
The party concerned shall bring an action for annulment of the arbitration judgment within three months of the date on which he has received a copy of the arbitration award or, if the request referred to in Article 38 or 39 has been made, from the date of receipt of the copy Of the decision of the request.
At the request of a party, a court in which proceedings are pending for annulment or annulment may, at the request of one of the parties, stay the proceedings and allow the arbitrators to proceed with the annulment of the action for annulment or annulment. The arbitration procedure or any other measure necessary for that purpose.
The execution of the judgment is decided by the General Court.
The application for the execution of an arbitration order addressed to the general public right shall be accompanied by an arbitration agreement or, as a tax, the order and the arbitration award referred to in Article 4, in the form of proof of origin or certified true copies. In addition, the document drawn up in a language other than Finnish or Swedish shall be accompanied by a certified translation into one of the two languages, unless the court admits this derogation.
Before applying for the application referred to in paragraph 2, the applicant shall be given an opportunity to be heard on the other side of the application, unless there is a particular obstacle. The case shall be dealt with in the Office of the District Court, unless the witness or any other person is heard in person. (1.11.1996/817)
The court or tribunal may refuse the application referred to in Article 43 only if it finds that the judgment in Article 40 is null and void, or is annulled by a decision of the Court of Justice, or the Court of Justice is annulled by a judgment of the Court of First Instance, or The application for annulment ordered that it should not be implemented.
In the enforcement of the judgment, it is for the court to comply with the order to comply with the provisions of the (37/1895) in Chapter 2, Section 19 Provides.
Exit L 37/1895 Has been repealed by the Exchequer 17/11/2007 , see Output arch 705/2007 Chapter 2, Section 19 .
Unless otherwise agreed or ordered, the parties shall be jointly and severally liable for the remuneration of the arbitrators for their work and expenses.
The compensation for the arbitrators shall be reasonable, taking into account the time required for the task, the degree of difficulty and other relevant factors.
The arbitrators shall be entitled to demand an advance or a guarantee from the parties concerned of their future remuneration.
Unless otherwise specified by the arbitrator, the arbitrators shall, in the arbitration judgment, lay down and pay a fee to each of the arbitrators.
The party concerned shall have the right, within 60 days from the date of receipt of the copy of the paragraph, to appeal to the Court of Justice to appeal against the arbitration judgment in so far as it relates to the amounts of compensation fixed for the arbitrators.
An application shall be submitted by submitting a written application, together with a copy of the arbitration award to the District Court whose conviction has been delivered in the tachograph.
The arbitration judgment shall state what the party to which it is required to apply to appeal against the arbitration award in respect of the amounts of the compensation provided to the arbitrators.
Before the Court decides on an appeal referred to in Article 47 (2), it shall reserve the opportunity for the other parties to the arbitration proceedings and for the arbitrators whose fees are subject to the application to be heard.
Unless otherwise agreed by the parties, the arbitrators may, in their judgment or in any other decision to terminate the arbitration proceedings, order the party to bear the costs of the arbitration proceedings of the other party. , in accordance with the provisions of the law on the reimbursement of costs.
An application for annulment or annulment of a judgment shall be examined in the general court of the place where the judgment was delivered.
The case referred to in Articles 14 to 16 and 19, as well as the validity, validity and applicability of an arbitration agreement, shall be examined in the general law of the place where the party is domiciled or, If none of the parties has a domicile in Finland, the City of Helsinki.
The parties may agree to deal with the case referred to in paragraphs 1 and 2 in other general public law.
In the case of an arbitration agreement concluded within the meaning of Article 3 or in accordance with the provision laid down in Article 4, a decision must not be taken in the event of an arbitration procedure in a foreign State shall not be admissible if a counterparty does Before answering the main issue, unless the arbitration agreement or the order under the applicable law is invalid.
However, notwithstanding the agreement referred to in paragraph 1, the court or other authority may, in the case of arbitrators or before it, issue provisional orders and prohibitions which, according to the law, are: Authority.
An arbitration order issued in a foreign country pursuant to an arbitration agreement within the meaning of Article 3 or a provision referred to in Article 4 shall be valid in Finland, unless otherwise specified below.
However, the arbitration award referred to in paragraph 1 shall not apply in so far as it is contrary to the grounds of the Finnish legal order.
However, the judgment in Article 52 shall not be in force in Finland against the party making the statement that:
(1) he was not fit to conclude an arbitration agreement or when it was concluded was not properly represented, or that the arbitration agreement concluded within the meaning of Article 3 is not valid as a result of a form other than that of the arbitration agreement; According to the law chosen by the parties or, when it cannot be inferred from the law of the State which the parties have intended to apply, according to the law of the State in which the arbitration is issued;
(2) he was not, in due course, informed of the imposition or arbitration of the arbitrator, or otherwise he was prevented from pursuing his case;
(3) the arbitrators have gone beyond their competence;
(4) the composition of the arbitration or the arbitration procedure has been substantially different from the agreement of the parties or, in the absence of such an agreement, the law of the State in which the arbitration procedure has taken place; or
(5) the arbitration decision has not yet become binding on the parties or has been suspended in the State in which or under whose law it has been issued, or the judgment in that State has been declared void or revoked.
The arbitration order issued in a foreign country which, according to the provisions of the above provisions, is in force in Finland, must be implemented here. The application for implementation shall be addressed to the General Court.
The application shall be accompanied by an arbitration agreement or, as a tax, the order and the arbitration order referred to in Article 4, in the form of proof of origin or certified true copies. In addition to the application, a document drawn up in a language other than Finnish or Swedish shall be accompanied by a certified translation into one of the two languages, unless the court admits such a derogation.
Before imposing a mediation judgment abroad, the court shall provide the defendant with an opportunity to be heard, unless there is any particular impediment. The case shall be dealt with in the Office of the District Court, unless the witness or any other person is heard in person. (1.11.1996/817)
If the other party claims that he has requested that the arbitration be declared null and void or be suspended or suspended from the relevant authority of the State referred to in Article 53 (5), the court may, if necessary, postpone: The adoption of a decision on implementation. At the same time, at the request of the applicant, the court may order that a counterparty must lodge an appropriate security at the risk of failing to adopt the implementing decision.
This Act shall enter into force on 1 December 1992.
However, this law shall not apply to arbitration proceedings brought before its entry into force.
However, where the arbitration judgment is issued in Finland after the entry into force of this Act, it shall be given in accordance with the provisions of this Act and cannot be considered null and void by any other means than those provided for by the law.
This law repeals the Law of 4 February 1928 on the arbitration procedure (14,26) Concerning the adoption of certain provisions of the Convention on the recognition and enforcement of foreign arbitration judgments in New York on 10 June 1958 and the arbitration awards Of 5 January 1962 implementing (200/62) Articles 2 and 3.
When the law or regulation refers to the arbitration procedure of 4 February 1928, this law shall be applied instead.
HE 202/91, LaVM 4/92This Act shall enter into force on 1 December 1996.
92/1996 , LaVM 10/1996, EV 123/1996
This Act shall enter into force on 1 December 1999.
THEY 146/1998 , LaVM 20/1998, EV 234/1998
This Act shall enter into force on 1 March 2004.
Pending the entry into force of the law, the provisions in force, in place of the entry into force of this Act, shall apply instead of this law.
THEY 216/2001 , LaVM 34/2002 EV 305/2002
This Act shall enter into force on 1 January 2016.
THEY 46/2014 , LaVM 19/2014, EV 274/2014
