The arbitrator has disappeared, and the file is missing. Yet, the award could be set aside.

On January 31, 2024

The Supreme Court of Cassation (SC) has recently heard a one-of-a-kind case for setting aside an arbitral award. DHL Express Bulgaria (DHL) filed a motion for setting aside an arbitral award rendered by an ad hoc arbitrator. DHL claimed that it had never been notified of the arbitration procedure and found out about it upon […]

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A successful ICC YAAF event was held in Sofia

On March 10, 2023

On 24 February 2023 the Young Arbitration and ADR Forum at the International Chamber of Commerce (ICC YAAF) and Dimitrov, Petrov & Co. brought together distinguished arbitration practitioners from around the world in Sofia for an insightful event on the fundamentals of arbitration. The aim of the event was to promote arbitration and to present […]

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New CJEU Judgement Regarding the Relationship Between Arbitration and the Brussels I Regulation

On October 5, 2022

On June 20th, 2022, the Court of Justice of the European Union (“CJEU”) issued a judgement on case C‑700/20, London Steam-Ship Owners’ Mutual Insurance Association Limited v. Kingdom of Spain which focuses on the interpretation of the provisions[i] of Regulation (EC) No 44/2001 (“the Brussels I Regulation”) regarding recognition and enforcement or foreign judgments. According […]

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Bulgarian Supreme Court Challenges The Constitutionality Of The Public Order Revocation

On July 6, 2022

A court panel of the Bulgarian Supreme Court of Cassation (SCC) has recently asked the Constitutional Court whether the revocation of the public order as one of the legal grounds for setting aside arbitral awards contradicts the Constitution. The said revocation was made in 2017 via the major changes in the local International Commercial Arbitration […]

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Scope of the Arbitration Agreement According to the Bulgarian Supreme Court

On June 16, 2022

The Bulgarian Supreme Court of Cassation has issued an important ruling[i] on the issue whether a general arbitration clause in a contract covers rights and obligations of the parties which stem directly from the law. At first sight, the matter seems quite clear – the arbitration clause applies only to disputes arising out of the […]

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Setting Aside an Award Due to Contradiction with EU Public Policy

On February 17, 2022

As a result of amendments introduced in the Bulgarian International Commercial Arbitration Act in 2017, the contradiction to the Bulgarian public policyi was removed as legal basis of claims for set aside of arbitral awards. But what if the arbitral award is contrary to the EU public policy? Could it be set aside? The recent […]

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Civil Liability of the Arbitrators under Bulgarian Law

On January 6, 2022

Have you lost your arbitration case? If you have, you are probably wondering what the next step is. Can you sue the arbitrator(s)? Well, yes, go ahead… but be prepared to maybe lose again. On a more serious note, this article examines the issue of whether a party that is unsatisfied with the arbitral award […]

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Applicable Law to the Arbitration Agreement in the Absence of Choice

On November 18, 2021

Recently, the Supreme Court of the United Kingdom[1] rendered an important judgement on the issue of the applicable law to the arbitration agreement. In summary[2], the court held that: 1) a choice of law to govern a contract containing an arbitration clause will generally be a sufficient indication of the law to which the parties […]

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The Problem of Raising a Counterclaim or a Set-off Objection in the Arbitration Proceeding

On November 9, 2021

I. The case The creditor A and the debtor B have entered a contract without an arbitration clause. Subsequently, the parties enter a second contract with an arbitration clause, but this time B is the creditor and A is the debtor. B brings an action against A before the arbitration court claiming his receivables under […]

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Res Judicata Effect of the Arbitral Award

On October 4, 2021

Recently the Bulgarian Supreme Court of Cassation has rendered an important judgement[i] on the issue regarding the res judicata effect of an arbitral award. In short, the Supreme Court of Cassation confirmed that the res judicata effect of the arbitral award rendered by a tribunal acting under the rules of ICC International Court of Arbitration […]

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Author: dpcadmin