Arbitration by Estonian bailiffs and bankruptcy trustees

The Estonian Chamber of Bailiffs and Trustees in Bankruptcy begins work as an arbitration court.

Throughout our life we enter into diverse legal relations. Unfortunately, not all these legal relations proceed smoothly and often we have to deal with differences and violations of rights. If the parties fail to reach agreement by means of negotiations, other methods are used.

The traditional method for resolving legal disputes is to go to court. The system of courts in Estonia consists of three instances: county and administrative courts at first instance; circuit courts at second instance, and the Supreme Court at third instance. An alternative method is arbitration, which allows legal issues to be heard without involvement in court proceedings.

From May 2018 the Estonian Chamber of Bailiffs and Trustees in Bankruptcy operates as an arbitration court with seven arbitrators. This is a new arbitration court. Amendments to the Bailiffs Act entered into force in January 2018, legalizing the arbitral court of the Chamber as an extra-judicial dispute settlement body. Arbitration is open to contracting parties with disputes over financial claims, with the exception of bailiffs’ remuneration claims or financial claims arising from lease, employment or consumer credit agreements. The arbitration court operates on the principle of conciliation in order to allow the parties to reach a mutually satisfactory solution with the help of an impartial person. The purpose is not only to achieve a satisfactory outcome for both parties but to reach a decision in accordance with the law. Arbitration cannot take away another party’s right to go to court and comes about only if the parties agree. To initiate an arbitration requires bringing a case to the arbitration court of the Chamber in paper form or using electronic means and paying a registration fee of EUR 250 plus VAT as well as an arbitration fee based on the sum claimed and the number of arbitrators.

Arbitration is a neutral, confidential, fast, less expensive and the most flexible method of resolving legal disputes. Decisions in a court of arbitration enter into force at the moment they are made.

Source: Estonian Chamber of Bailiffs and Trustees in Bankruptcy

Subscribe to our newsletter

By pressing Subscribe you consent to our data processing terms