The Arbitration Institute of the Finland Chamber of Commerce ("FAI")

Helsinki, Finland

The Finland Chamber of Commerce

Board with Finnish and international Board members, and Secretariat.

No.

Parties can freely choose the seat of arbitration. In the absence of a choice, the Institute, or if the Institute deems appropriate, the arbitral tribunal, will decide on the seat of arbitration. Hearings can be organized anywhere, regardless of the seat of arbitration.

From EUR 3,000 (interest below MEUR 2) to EUR 8,000 (interest exceeds MEUR 10).

Administrative fee EUR 16,500, arbitrator's median fee EUR 32,000. Cost calculator: https://arbitration.fi/arbitration/costs-of-arbitration/calculator-2017/

Administrative fee EUR 33,000, arbitral tribunal's median fee is EUR 226,250. Cost calculator: https://arbitration.fi/arbitration/costs-of-arbitration/calculator-2017/

Administrative fee EUR 55,000, arbitral tribunal's median fee is EUR 425,000. Cost calculator: https://arbitration.fi/arbitration/costs-of-arbitration/calculator-2017/

In international arbitrations advance on cost is always fixed by the Institute before the case file is transmitted to the arbitral tribunal, in domestic arbitrations, the Institute has the discretion to do so. If the Institute has not fixed an advance on the costs, the arbitral tribunal may request for an advance on the costs and fees of the tribunal. In the event of default, the Institute gives the other party an opportunity to pay the unpaid share on behalf of the defaulting party. A separate award for reimbursement of the payment may be given by the tribunal at the request of the paying party. If advance on costs remains unpaid, the Institute may terminate the proceedings, treat the claim withdrawn, or after the case file has been transmitted to the tribunal, Institute may direct the tribunal to order the termination of the arbitration or to treat the claim, for which the advance on costs has remained unpaid, as having been withdrawn.

We would not describe the FAI proceedings as formalistic. Institute will be involved in the early stage (request for arbitration, answer, constitution of tribunal, advance on costs), during the arbitration mainly for ensuring the progress of the hearing (a schedule needs to be submitted for the Institute and a deadline for award will be set), and at the end of the proceedings the Institute will fix the fees.

The Request for Arbitration should be submitted in the language of the arbitration as agreed by the parties. Failing such agreement, in the language of the arbitration agreement.

Each case will have an appointed case manager from the Institute's Secretariat, and that person will be the main point of contact for the parties.

No.

Usually, substitute arbitrator will be appointed in the same manner as the substituted arbitrator was appointed. In special circumstances, the Board of the Institute may (after consulting with the parties and potentially remaining arbitrators) directly appoint the substitute arbitrator.

Yes. There are provisions on appointment of arbitrators in multi-party proceedings, as well as on joinder of additional parties, consolidation of multiple arbitrations, claims based on multiple contracts and on claims between multiple parties.

No.

Arbitrators have wide discresion in deciding what evidence is accepted and how. As a starting point, all forms of evidence are allowed. Tribunal may set a cut-off date for submission of claims and evidence.

Arbitration proceedings (after the tribunal has been appointed) takes on average 9 months. The starting phase with a request for arbitration and appointment of the tribunal, etc. in addition ca. 2 months.

Final award should be made no later than nine months from the date when the arbitral tribunal received the case file from the Institute. The time limit can be extended by the institute.

Yes, both based on the tribunal's reasoned request, and if deemed necessary, also on the Institute's own motion.

At the request of a party, the tribunal may grant any interim measures it deems appropriate. Ex-parte interim measures are not available from the arbitral tribunal. Before the constitution of the arbitral tribunal, Emergency Arbitrator relief is possible if the parties have not opted-out from the Emergency Arbitrator regime. Court-ordered interim measures' tend to be more used in Finland, as they can be obtained very rapidly, and are enforceable, as opposed to the arbitral tribunal's interim measures. Arbitration under the FAI rules not exclude the possibility of applying for court-ordered interim measures.

Yes. The rules contain Emergency Arbitration appendix which applies on an opt-out basis.

Yes. FAI Expedited Arbitration Rules set an obligation for rendering the award in 3 months from the submission of the case file to the arbitral tribunal. This period is extendable.

There is no scrutiny of the award. However, the institute will fix the costs and fees, which will become a part of the award, and therefore the draft award will need to be submitted to the Institute before it is awarded to the parties.

Unless the parties have agreed otherwise, the main rule is that the losing party pays the costs of the proceedings. The arbitral tribunal, however, has discretion in this respect to also distribute the costs differently if deemed appropriate in the specific circumstances. Regardless of this division, parties are mutually liable towards the Institute.

Yes, awards can be annulled or declared unenforceable in Finland, and the grounds correspond to those under the New York Convention. Additionally, under Finnish law, it is provided that an award is null if it is not written and signed by the arbitrators, and if it is so unclear or confusing that it cannot be deduced what has been awarded.

https://arbitration.fi/arbitration/rules/

https://arbitration.fi/arbitration/model-arbitration-clauses/arbitrations-under-the-arbitration-rules/ https://arbitration.fi/arbitration/model-arbitration-clauses/expedited-arbitration-clause/