Bulgaria - National Report - World Arbitration Reporter (WAR) - 2nd Edition
Angel Ganev is a Partner with DGKV law firm and heads the Litigation and International Arbitration practices. Angel has experience in representation of international and domestic clients before local and international arbitration tribunals and is a member of the Association Suisse de l’Arbitrage below 40 (Groupe ASA des Jeunes Praticiens de l'Arbitrage), Member of INSOL EUROPE a professional association for European insolvency and restructuring specialists (2010), Member of the Chartered Institute of Arbitrators (2007) and Sofia Bar Association (since 2000). Mr. Ganev holds his LL.M diploma from London University and Sofia University and a Diploma in International Comparative Commercial Arbitration, School of International Arbitration, London and has various publications on arbitration and competition law topics.
Originally from World Arbitration Reporter (WAR) - 2nd Edition
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I. INTRODUCTION: ARBITRATION IN BULGARIA – HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
For a long period arbitration in Bulgaria operated with extraordinary jurisdiction based on mandatory authority similar to state courts. Thus, a Commercial Arbitration Court was established in 1886 and existed until the Second World War. In 1953, its successor the Arbitration Court with the Bulgarian Chamber of Commerce and Industry (“BCCI”) was “re-established” and was initially called “International Trade Arbitration Commission”. It operated with extraordinary jurisdiction with respect to disputes arising from the international supply of goods. In 1972 the Court’s authority was expanded by the Moscow Convention to all civil disputes between economic organizations of the state members to the former Council for Mutual Economic Assistance. Domestic arbitration was not allowed and therefore inadmissible. During that period the Court acted as an arbitration institution with respect to disputes submitted to it based on arbitration agreements between Bulgarian economic organizations and companies outside the framework of the former Council for Mutual Economic Assistance.
I. INTRODUCTION: ARBITRATION IN BULGARIA – HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
2. Current law
3. Law reform projects
4. Confidentiality and publication of awards
a) Privacy of proceedings
b) Publication of awards
B. Arbitration Infrastructure and Practice in Bulgaria
1. Major arbitration institutions
2. Number of cases and other statistics
3. Development of arbitration compared with litigation
II. CURRENT LAW AND PRACTICE
A. Arbitration Agreement
1. Types and validity of agreement
a) Clauses and submission agreements
b) Minimum essential content
c) Form requirements
d) Incorporation by reference
e) Interpretation
2. Enforcing arbitration agreements
a) Declaratory actions in court
b) Applications to compel or stay arbitration
3. Effects on third parties
4. Termination and breach
B. Doctrine of Separability
1. Statutory provisions
C. Jurisdiction
1. Interaction of national courts and tribunals
D. Arbitrability
1. Subjective arbitrability
2. Objective arbitrability
E. Arbitral Tribunal
1. Status and qualifications of arbitrators
a) Number of arbitrators
b) Legal status
c) Qualifications and accreditation requirements
d) Arbitrators’ rights and duties
e) Relevant codes of ethics
2. Appointment of arbitrators
a) Methods of appointment
b) Appointing authorities
c) Resignation and its consequences
3. Challenge and removal
a) Grounds for challenge
b) Procedure for challenge
c) Removal procedure
d) Replacement of arbitrators
4. Arbitrator liability and immunity
F. Conducting the Arbitration
1. Law governing procedure
a) Determination of law and rules governing procedure
b) Notion and role of seat of arbitration
c) Methods for selection of seat absent party choice
d) Mandatory rules of procedure
2. Conduct of arbitration
a) Basic procedural principles
b) Party autonomy and arbitrators’ power to determine procedure
c) Documents only arbitrations
d) Submissions and notifications
e) Deadlines, and methods for their extension
f) Legal representation
3. Taking of evidence
a) Admissibility
b) Burden of proof
c) Standards of proof
d) Documentary evidence and privilege
e) Production of documents
f) Witnesses
g) Tribunal-appointed experts
h) Party-appointed experts
4. Interim measures of protection
a) Jurisdiction for granting interim measures
b) Availability of preliminary or ex parte orders
c) Security for costs
5. Interaction between national courts and
arbitration tribunals
a) Court assistance during the arbitration
b) Court assistance after the arbitration
6. Multiparty, multi-action and multi-contract arbitration
a) Consolidation of arbitrations
b) Joinder of third parties
7. Law and rules of law applicable to the merits
a) Determining the applicable law and rules
b) Party autonomy
c) Determination by arbitrators
d) Non-national substantive rules, general principles of law and transnational rules
8. Costs
a) Arbitration costs
b) Legal costs
G. Arbitration Award
1. Types of awards
a) Partial awards
b) Final awards
c) Interim awards
d) Consent awards
e) Default awards
2. Form requirements
a) Essential content
b) Reasons
c) Time limits for making award
d) Notification to parties and registration
3. Decision making
a) Deliberations
b) Majority or Consensus?
c) Dissenting and concurring opinions
d) Signature
4. Settlement
a) Settlement recorded in an award
b) Settlement without an award
5. Correction, supplementation, and amendment
a) Correcting the award
b) Additional award
c) Interpretation of award
H. Challenge and Other Actions against the Award
1. Setting aside
a) Grounds
b) Time limits
c) Procedure
d) Limiting judicial review of awards by contract
e) Effects of successful challenge
2. Appeal on the merits
a) Is it allowed?
b) Grounds
III. RECOGNITION AND ENFORCEMENT OF AWARDS
A. Domestic Awards
1. Statutory or other regime
a) Formal requirement for enforcement of awards
b) Enforcement procedure
B. Foreign Awards
1. Various regulatory regimes
a) Domestic rules
b) New York Convention
2. Application of New York Convention by local courts
a) Grounds for refusing recognition and enforcement
b) Enforcement procedure
IV. APPENDICES AND RELEVANT INSTRUMENTS
A. National legislation (See CD ROM)
B. Major Arbitration Institutions
C. Cases
D. Bibliography