CHARTER
CHARTER
Charter of the Sofia Arbitration Court
Adopted on 30.09.2016, which entered into force on 01.10.2016.
Status
Art. 1 (1) An independent judicial body of the Sofia Arbitration Court shall be established in the “International Association for Justice and Arbitration” Association for non-profit association.
(2) The seat of the Sofia Arbitration Court shall be in Sofia, 8 Iskar Street, fl.5
Competence
Art. 2 (1) The Sofia Arbitration Court shall resolve civil and commercial property disputes as well as disputes concerning the filling of gaps in the contract or adaptation to new emerging circumstances between natural or legal persons both domiciled and registered in the Republic of Bulgaria and abroad .
(2) The disputes shall be settled in accordance with the Rules of the Sofia Arbitration Court adopted at the General Meeting of the International Association for Justice and Arbitration, held on 30.09.2016, effective as of 01.10.2016.
Structure
Art. 3 (1) The arbitral tribunal shall consist of a chairman, deputy chairpersons, arbitrators and a secretariat.
(2) The arbitral tribunal shall resolve the disputes that have been assigned to it by a composition of three arbitrators or by one arbitrator. Their rights and obligations are the same.
President and Vice – Presidents
President and Vice – Presidents
Art. 4 (1) The Chairperson and the Vice-Presidents shall be elected by the General Assembly of the International Association for Justice and Arbitration for a period of three years.
(2) The Chairperson and the Vice-Presidents shall have the following functions:
- take measures to implement the decisions of the arbitration panel;
- Decides on the activity of the court;
- Decides to award a service certificate to the Sofia Arbitration Court
(3) The decisions of the Chairman and the Vice-Presidents of the Arbitration Court shall be made in writing and signed by him.
Art. 5 (1) The President of the Arbitration Court shall represent the court in the country and abroad.
(2) The chairman shall meet at a meeting of the arbitration board.
Arbitrators
Art. 6 (1) Arbitrators shall be entered and deleted from the lists by a decision of the General Assembly of the International Association of Justice and Arbitration at any time arbitrators may be wound up: in case of death; due to the age limit set by the MB; in case of permanent failure to perform their duties; in the case of gross violations of the Statute and the Rules of the CAC, and if they have not been designated as arbitrators by the parties for two years.
(2) As an arbitrator may be registered adult citizens, not judged, with higher education. The list shall indicate: the name of the arbitrator, the year of birth, his / her position or occupation, title (degree), specialty and place of residence.
(3) Arbitrators shall be independent and unbiased in the performance of their functions. They are not representatives of the parties. The arbitrators are required to keep the secret of the deliberations of the court, as well as a secret about the data they have learned in connection with the performance of their duties.
(4) Where a person is proposed to be an arbitrator or chairman of the determining authority, he shall indicate in a written declaration to the Registry all circumstances that may give rise to reasonable doubt as to his / her unforgiveness or independence. The arbitrator also has this obligation after his appointment. This declaration is sent to the parties.
(5) The lists shall be made available to any interested party and shall be published on the Court’s website.
Incompatibility
Art. 7 (1) The arbitrators may not give oral or written opinions and consultations to the parties which are in the competence of other CAC arbitrators. Arbitrators participating in commercial companies can not accept their choice or appointment as arbitrators in cases where a party to the case is a commercial company in which they are involved.
(2) The following may not be arbitrators: deputies, ministers, deputy ministers, heads of departments, members of the Constitutional Court and other persons who by law are not allowed to be arbitrators.
Obligations of arbitrators
Art. 8 (3) Arbitrators shall be responsible for the payment of arbitration fees, arbitration fees and deposits for experts in the arbitration case in which they are elected or appointed.
(4) In the case of arbitration or arbitration fees under para. 1, arbitration fees or expert deposit shall be paid jointly by the arbitrators chosen or appointed in the case, deducted from their due remuneration.
Arbitration college
Art. 9 (1) The arbitrators form an arbitration panel which:
- takes decisions on organizational issues of the court;
- discussing the report of the President of the court for the previous year and deciding on it;
- discuss the court’s practice on normative acts common to domestic and international affairs, with a view to its unification.
(2) The arbitration panel shall be represented by a chairman who may not be an arbitrator. The President of the arbitration.
Secretariat
Art. 10 (1) The Chambers of the Arbitration Court shall be composed of secretaries and other officials designated by the Chairman of the International Association for Justice and Arbitration Association of the Non-
(2) The Registrars of the Court shall organize the records, keep the correspondence of the council and the ways of acting in the cases assigned to them by the Regulations.
Finance
Art. 11 (1) All amounts entering into force by the Sofia Arbitration Court shall be filled in by a separate bank account of the International Association for Justice and Arbitration Association of the Non-
(2) The costs for the maintenance of the Sofia Arbitration Court at the expense of the International Association for Justice and Arbitration Association,
(3) For taking office of the state and state body responsible for the management of the state and the state budget.
Charters, regulations and tariffs
Art. 11 Charter of the Court of Arbitration, Rules for the Revision of Disputes, Arbitration Fee Charges and Arbitration Fees shall be adopted and calculated by the General Assembly of the International Association for Justice and Arbitration.
The present trustee was adopted by the General Assembly of the International Association for Justice and Arbitration at the meeting on 30.09.2016 and entered into force on 01.10.2016.