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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Consumer Arbitration in Bulgaria

On September 30, 2021

Bulgarian law forbids arbitration in consumer disputes. The Supreme Cassation Court recently ruled on an interesting case (Nitera v. OBB Leasing). OBB let several vehicles to Nitera under a series of financial leasing contracts. The manager of Nitera agreed to be jointly liable. The leasing contract had an arbitration clause and when Nitera failed to […]

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Interim measures in Bulgaria – the missing link from the arbitral award towards its effective enforcement

On September 20, 2021

Did you know that Bulgaria is an interim measures heaven? Granting and enforcement of interim measures in Bulgaria is easy, prompt, and cost-efficient. Interim measures can be obtained at any stage: prior to filing a claim before a Bulgarian court prior to filing a claim before a foreign court prior to filing a request for […]

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FIDIC Multi-Tier Dispute Resolution Clauses in the Light of Bulgarian Law

On June 13, 2021

The FIDIC forms of contracts (FIDIC forms) constitute a comprehensive set of rules applied worldwide in complicated construction projects. The FIDIC forms contain a multi-tier dispute resolution mechanism – depending on the type of a Book, they provide for consideration of disputes (1) by an Engineer (an Employer’s agent managing the construction project), (2) by […]

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Disputable Aspects Regarding the Seat of Arbitration under Bulgarian Law

On June 3, 2021

The identification of the seat of arbitration is undisputedly one of the most important features of an arbitration clause, as it determines lex arbitri and, consequently, which courts will have supervisory jurisdiction over the arbitration. According to Bulgarian law, the choice of seat of arbitration may also predetermine the possibilities for enforcement of an arbitral award. This […]

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GDPR Issues in Commercial Arbitration and How to Mitigate Them

On June 1, 2021

The new EU data protection framework, in particular, the General Data Protection Regulation (GDPR) applicable as of May 2018, dramatically shifted the focus of all organizations towards ensuring transparency and accountability in their data processing operations. The broad material scope of GDPR practically affects any private organization and practitioner within the EU. Moreover, in certain cases its […]

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The Scrutiny of an Award: The Bulgarian Arbitral Institutions’ Perspective

On May 22, 2021

One of the main and well-known advantages of arbitration is the speed of the proceedings. In order to enhance their timeliness and efficiency, the Rules of some arbitral institutions (e.g. Art. 33 of the ICC Rules) provide for the so called “scrutiny of the award” – a procedure of formal examination of the draft award […]

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