STATUTES
STATUTES
STATUTES OF THE SOFIA ARBITRATION COURT /SAC/ AT THE INTERNATIONAL ASSOCIATION FOR JUSTICE AND ARBITRATION /IAJA/
I. GENERAL PROVISIONS
Sofia Court of Arbitration
Art. 1..(1) The Sofia Arbitration Court shall be independent of a non-profit association “International Association of Justice and Arbitration” a judicial institution. The organization of the Arbitration Court and the status of the arbitrators are determined by the Statute of the Sofia Arbitration Court.
(2) The Sofia Arbitration Court shall resolve civil and commercial property disputes, within the scope of the jurisdiction conferred by the CPC, including intellectual property disputes, disputes about filling gaps in contracts and agreements entered into between private law entities or their adaptation to newly- irrespective of whether the registered office or domicile of one or both of the parties is in the Republic of Bulgaria or abroad.
(3) The Sofia Arbitration Court shall not deal with disputes concerning real rights or possession of real estate, labor disputes, matrimonial claims, claims of origin, adoption, as well as disputes related to company law.
Grounds for the jurisdiction of the Sofia Arbitration Court
Art. 2. (1) The Sofia Arbitration Court shall consider the disputes under Art. 1, para. (2) if they are entrusted with an arbitration agreement or a contract, including an international agreement.
(2) The arbitration agreement shall be the consent of the parties to assign to the Sofia Arbitration Court at the International Association for Justice and Arbitration Association the settlement of a dispute between them under a contractual or non-contractual legal relationship.
(3) The arbitration agreement may be a separate contract or a clause in the contract, the performance of which has arisen or a dispute may arise. The agreement must be in writing. The agreement is also in writing if it is contained in letters exchanged between the parties, telegrams and other written means of communication or in general terms to which the parties have concluded a written contract.
(4) It is considered that there is a written arbitration agreement and when the plaintiff brings an action before the Sofia Arbitration Court and the defendant, in writing or with an application recorded in the minutes of the arbitration session, accepts the dispute to be examined by the Sofia Arbitration Court , which seeks to rule on the merits of the dispute without calling into question the jurisdiction of the Arbitration Court.
(5) It is considered that there is a written arbitration agreement and when the plaintiff brings an action before the Arbitration Court, and the defendant does not contest the jurisdiction of the Arbitration Court within the term of reply.
Applicable procedural rules
Art. 3. (1) The consent of the parties to assign the dispute to the Sofia Arbitration Court shall also mean the adoption of these Rules.
(2) In matters not dealt with by the agreement between the parties, by these Regulations or by the International Commercial Arbitration Act, the arbitrators shall proceed according to their reasonable judgment, guided by the nature of the arbitration and the subject matter of the dispute.
(3) In cases based on an arbitration agreement, those rules of the Rules in force when the arbitration proceedings are opened shall apply unless both parties apply to apply the rules in force at the time of the conclusion of the arbitration agreement, or have entered into force after the commencement of the arbitration proceedings.
(5) If the party does not immediately declare in writing within the time limit for responding to a breach of a procedural rule under para 1, 2 and 3, it shall be deemed to have waived its right to invoke the violation.
II. FAST PROCEDURE
Art. 4. In case of claims with a claim value of up to 25,000 / twenty-five thousand / BGN, the accelerated proceedings for arbitration proceedings under this Chapter shall apply.
Constitution of the determining body, replacement and removal of an arbitrator in accelerated proceedings
Art. 5. . The arbitrator shall appoint one arbitrator and one alternate arbitrator.
Art. 6. The Arbitrator and the Deputy Arbitrator shall be elected by the President of the Sofia Arbitration Court within seven days of receiving a regular application.
Art. 7. (1) The substitution of an arbitrator shall be carried out under the conditions and by the order of art. 31 of the Rules of the Sofia Arbitration Court, where the arbitrator is prevented or unable to perform his duties is more than 15 days.
(2) In the event of replacement of an arbitrator, the President of the Sofia Arbitration Court shall appoint a new Deputy Arbitrator.
Art. 8. (1) The arrest of an arbitrator on the grounds provided in Art. 31, para. 2 of the Rules of the Sofia Arbitration Court may be made by the party within seven days of becoming aware of the appointment or appointment of an arbitrator or deputy arbitrator or of the circumstances giving rise to the objection.
(2) In the absence of a meeting, the written request for an objection shall be sent immediately to the arbitrator (or the Deputy Arbitrator) and to the opposite party, who shall be obliged within three days to express their opinion on it.
(3) If the arbitrator (the Deputy Arbitrator) fails to take possession of the requesting party, the rights under Art. 16 ZTTA.
CLAIM MOTION AND REJOINDER TO THE CLAIM MOTION
Art. 9. (1) The claim shall meet the requirements of Art. 19 of the Rules of the Sofia Arbitration Court, with the exception of Art. 19, para. The applicant is required to state all the circumstances on which the action is based and to indicate all the evidence and to produce the written evidence at its disposal.
(2) The power of attorney attached to the application shall contain an address, a telephone number, a bank account and an e-mail address of the proxy.
(3) The application shall be accompanied by a document on the lodged arbitration fee for accelerated proceedings and a minimum deposit for costs, except in the cases under Art. 21, para. 1.
Art. 10. (1) A number of actions may be brought against the defendant only if they are based on the same ground as if they were a penalty or interest on a principal. However, the claims shall be terminated, the declaration of termination, the destruction and the declaration of nullity of the contract, from which the rights or legal relationships claimed by the claim arise.
(2) Claims against more than one defendant shall not be jointly and severally liable.
Art. 11. It is permissible to amend only on the grounds or on the amount of the claim, subject to the restrictions under Art. 45. Enlarging the claim is admissible only if no new evidence is required to delay the examination of the case.
Art. 12. (1) The defendant may, within seven days of receipt of a copy of the application and its annexes, pay the amount claimed in the claim, the claim, which shall contain an opinion on the jurisdiction of the Arbitration Court, the admissibility and merits of the claim, the opinion on the circumstances in which the claim is based, the objection to the claim and the circumstances on which it is based, as well as its indications and the specific circumstances which it will prove with it shall submit all the written evidence that it has at its disposal. The arbitration may be extended by the arbitrator in the case due to special unforeseen circumstances.
(2) If the plaintiff pays to the plaintiff the amount claimed in the claim, together with the costs of the case, the proceedings in the case shall be terminated.
Art. 13. (1) (1) Within the deadline for responding and observing the restrictions under Art. 45 the defendant may file a counter-claim or a set-off only if all the documentary evidence relating to it has been submitted within the same period and if the due arbitration fees and deposit for consideration have been paid. Otherwise, the claim or objection of set-off is not considered.
(2) An objection to set-off may be filed later if no proof is required for its proof and, at the time of its filing, the due arbitration fee and the deposit for expenses have been deposited.
Art. 14. (1) (1) Upon filing of an application or submission of a reply thereto, the parties may file facts and provide evidence only for the rejection of the promptly stated statements to the contrary. Outside of these cases, parties may request new facts, identify and present new evidence only if they can not do so within the prescribed time limits for reasons beyond their control.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to the counterclaim and the objection of offsetting.
Art. 15. Each party may file a request or a counter-claim to request the expertise to notify the other party, and it shall have a 3-day deadline to ask further questions to the expert.
Consideration of the case
Art. 16. (1) Upon expiry of the time limit for replying to the application or the time limit for replying to the counterclaim, taking into account the parties’ statements, their requests and the submitted evidence, the determining authority shall determine in the preparatory session the order, the manner and the terms for consideration of the case.
(2) The decision-making body shall take a decision in a closed session only on the basis of the evidence submitted and, if it deems it, may provide the parties with a time limit for a written statement and a reply.
(3) If the decision is filed in open court, the determining authority shall take a decision not later than 15 days after the date of the judgment. The parties are summoned at least 5 days before the scheduled meeting.
(4) By its decision, the determining authority may also allow the witnesses to be heard and appoint an expert witness. The failure of the witness admitted to the hearing at the appointed date shall not prevent the taking of a decision.
(5) Upon clarification of the factual and legal dispute, the determining authority shall give each party a time limit for a written statement and a reply which may not be longer than three days or five days respectively and shall then pronounce a decision.
COMPLETE THE PROCEDURE
Чл. Art. 17. (1) Within ten days of the expiration of the time limit for the submission of pleadings and replies, the determining authority shall pronounce a decision on the case.
(2) Within the period referred to in the preceding paragraph, the determining authority shall establish a order terminating the case if it is established that there are no prerequisites for adjudicating the case.
(3) In order to reach an agreement, the arbitration panel shall issue a decision within five days of the submission of the request and the agreement.
III. CLAIM MOTION /ACTION/ AND REJOINDER TO THE CLAIM MOTION
Bring in action
Art. 18. (1) Arbitration proceedings shall begin with the filing of an application in the Sofia Arbitration Court.
(2) The claim shall be deemed to have been filed on the day on which it is filed with the Secretariat of the Sofia Arbitration Court and, if it is sent by post, on the day stamped by the post office at the place of dispatch .
(3) The claim may also be filed electronically, which shall be deemed to have been filed on the day of its receipt of the officially announced email address of the arbitral tribunal.
Content of the application
Art. 19. (1) The claim/action/ shall contain:
- the full name of the parties;
- address of the parties, telephone, fax, e-mail address;
- the price of the claim;
- a statement of the circumstances on which the claim is based;
- what the request is made of;
- the name of the arbitrator and his / her deputy or request to be appointed by the Chairman of Sofia Arbitration Court;
- the description of the documents annexed to the application;
- signature of the claimant.
(2) In the application, the plaintiff is obliged to point out all the evidence and to submit the written evidence of the circumstances in which the claim is based.
(3) The application must be accompanied by:
- the Arbitration Court is not based on a contract;
- written evidence in support of the claim;
- certificates of current status of the claimant and the defendant – when they are legal entities;
- a document for the submitted arbitration fee and a deposit for expenses;
- copies of the application and the written evidence according to the number of defendants.
(4) The non-application of an arbitration agreement shall not be an obstacle to the commencement of proceedings.
(5) Upon submission of the application by electronic means, the applicant shall attach the attached application and its annexes in electronic format and shall be exempt from the requirement to apply the copies of the claim and the written evidence to it in accordance with the number of defendants.
Price of the claim. Determination of the arbitration fee
Art. 20. (1) (1) The price of the claim shall be determined:
- on claims for pecuniary claims – from the amount claimed;
- on claims for the transfer of immovable property – on their tax assessment where there are none – on the market price and on the claims for the transfer of movable property – on their value;
- on claims for the establishment or transformation of legal relationships – from the value of the contract at the time of filing the application and from rental contracts for an indefinite period – from the rental price for one year;
- for an indefinite period of time – from the amount of payments for three years.
(2) The price of the claim shall be indicated by the claimant in the application. Where several claims are made in the application, the price of each claim must be stated separately.
(3) Upon submitting an objection to set-off, the defendant shall be obliged to indicate the price of his receivable according to the rules of para. 1 and 2.
(4) If the request is not determined or determined incorrectly, and if it can not be determined precisely, the chairman of the Sofia Arbitration Court, on his own initiative or at the request of the defendant, determines the price of the claim based on the available data.
(5) If the decision in the case has established that the price of the request has not been determined in accordance with the rules of the preceding paragraphs, the determining authority shall determine the price of the request definitively.
(6) The above rules also apply to the determination of the offsetting price.
(7) The claimant shall pay an arbitration fee, determined on the basis of the total amount of the price of all claims, and the defendant shall pay an arbitration fee, determined on the basis of the price of counterclaims and the rejection of objections.
Pre-authentication of the jurisdiction of the Arbitration Court
Art. 21. (1) If the claimant does not refer to an arbitration agreement or fails to submit it, he must state in writing that he wishes, despite the absence of an arbitration agreement, to receive a copy of the applicant’s application by giving him a ten-day notice with her for internal affairs and twenty days for international.
(2) In the hypothesis of para. 1 and if the defendant does not contest the jurisdiction of the Arbitration Court under Art. 2, para. 4, a notice shall be sent to the plaintiff to pay the due arbitration fee and the specified deposit for expenses.
Remedying the defects of the claim
Art. 22. (1) If the claim does not meet the requirements of Art. 19, para. 1 or the annexes under Art. 19, para. 3, mt. 3 and 4, the chairman of the Sofia Arbitration Court shall give the applicant time to remedy the deficiencies. This period may not be longer than 14 days in domestic cases or 21 days in international cases from the day of receipt of the notice. Until the deficiencies are remedied, the case remains motionless.
(2) If the plaintiff fails to remedy the deficiencies within ten days after the expiration of the term under para. 1, the application shall be returned to the applicant by order of the Chairman of the Sofia Arbitration Court.
REJOINDER TO THE CLAIM MOTION
Art. 23. (1) Upon receipt of the application and the lodging of the arbitration fee and the deposit for expenses, the Secretariat of the court shall inform the defendant accordingly, by sending him a copy of it with its annexes, as well as the list of the arbitrators.
(2) At the same time, the Secretariat shall inform the defendant that he may, within 14 days of receipt of a copy of the application, pay the sum claimed or submit his reply, which shall contain an opinion on the jurisdiction of the Arbitral Tribunal, the admissibility and the merits of the claim, an opinion on the circumstances on which the claim is based, the objection to the claim and the circumstances on which it is based, as well as its evidence and the specific circumstances which it will prove with it and shall provide all written evidence available to it. In cases between countries with a seat or domicile outside the country, the response time is 21 days.
(3) Within the same time, the defendant shall announce the names of the arbitrator and deputy arbitrator of his choice or provide the appointment thereof to the Chairman of the Sofia Arbitration Court.
(4) The defendant may file a counter-claim or objection for set-off if the dispute concerning his claim is within the competence of the Sofia Arbitration Court. The counterclaim and the objection for interception must be filed at the latest within the term under Art. 23, para. 2 and the provisions of Article 19 shall apply to them.
(5) The defendant may respond to the claim, counterclaim or objection to intercept the officially announced email address of the arbitral tribunal.
(6) Failure to answer does not imply recognition of the claim.
(7) Provided that the defendant pays to the claimant the claim claimed in the claim, together with the costs of the case, by submitting a banker’s order for payment, the proceedings in the case shall be terminated.
IV. DOCUMENTS, MESSAGES AND SERVICE
Presentation of the documents in the case
Art. 24. (1) All documents must be in as many copies as the number of parties plus one copy for the Sofia Arbitration Court. This document does not apply if the documents are submitted electronically.
(2) The documents referred to in paragraph 1 shall be in the language in which the contract was kept in the language in which the parties have kept correspondence with each other and a translation in Bulgarian of licensed translator.
(3) Natural and legal persons with their registered office and registered office in the country shall present their papers in Bulgarian, accompanied by a translation into the language in which they have kept their correspondence with the other party when their seat or domicile is abroad.
(4) All documents may also be filed on a magnetic carrier, which shall be deemed to have been received on the date of their transmission to the arbitration panel’s registry office.
(5) A party wishing to receive court papers, summonses and notifications by electronic means should submit an explicit request to that effect to the Sofia Court of Arbitration Secretariat.
Send and serve documents
Art. 25. (1) The Secretariat of the Court shall send all relevant papers, messages and summonses to the addresses indicated by them or to the addresses of their duly authorized representatives.
(2) The claim, the answer to the claim, the arbitral awards and the judgments shall be handed in to the party or his representative against a signature by an employee of the Sofia Arbitration Court, by post or through licensed postal service operators the document certifying the service or the case being served.
(3) If the notice is not served personally on the party, it shall be served on another person against a receipt.
(4) The other person may be any adult of his or her domicile. The person through whom the service is served shall be signed in the receipt with the obligation to forward the summons to the addressee. It can not be served on persons who are involved in the case as the counterpart of the recipient.
(5) Upon receiving the communication from the other person, the service shall be deemed to have been served on the addressee.
(6) The executor shall certify with his signature the date and the manner of service, as well as all actions in relation to service. The recipient also certifies with his signature that he has received the message. Refusal to accept the message shall be indicated on the receipt and shall be certified by the signature of the service provider. The refusal of the recipient does not affect the regularity of the service.
(7) For all the aforementioned documents, the recipient may also be informed by telephone, which shall be certified in writing by the service provider.
(8) All the aforementioned documents may be served through the municipality or the city hall of that settlement or sent by post or by courier service with registered mail with return receipt. Summons and other messages may also be sent by telegram, telex or telefax and shall be deemed to have been served if there is evidence that they have been received.
(9) In any event, the parties may agree that all papers, summonses and messages be electronically delivered to the email address they provide.
(10) Documents sent by the parties electronically shall be deemed to have been received on the date of their receipt at the officially announced email address of the Sofia Arbitration Court.
(11) The Secretariat of the Court shall forward to the parties all relevant papers, messages and summonses to their email address, which shall be deemed to have been received by them on the third day after the date of dispatch.
(12) Experts may send any statements, conclusions and other papers to the officially announced e-mail address of the Sofia Arbitration Court.
Service of documents, summons and messages
Art. 26. (1) Where the registered office, domicile, usual residence or the postal address of the recipient can not be found after a careful investigation, the papers, messages or summonses shall be deemed to have been received if they have been sent to their last registered seat, domicile, and postal address by registered letter or by any other means certifying the attempt to be surrendered.
(2) Where the latter was identified at the relevant registration address, he or she did not have access to the office or found one to obtain his consent to receive the message by attaching it to the front door or the mailbox. When the mailbox is accessible in addition to the glued notification, a copy of the notification is also placed in the box. The notification shall state that the relevant documents in the case are located at the seat of the arbitral tribunal and that the defendant may receive them within seven days of the said opening hours.
(3) In the cases under para. 1 and 2, the Secretariat of the Sofia Arbitration Court shall be deemed to have been served on the expiry of the time limit for its receipt.
(4) The document under para. (1) shall also be deemed to have been surrendered when the addressee has refused or has not appeared in the postal service to receive it if it certifies that.
(5) A party who has not received more than one month from the address which has communicated or served a message shall be obliged to inform the court of its new address. The legal representative, guardian and proxy of the country have the same obligation.
(6) In cases of non-fulfillment of the obligation under para. All messages are attached to the case and are considered served. For these consequences, the party must be warned by the court when the first message is served.
Art. 26a Service of papers, summonses and communications abroad
(1) Service of messages and documents of the country of domicile shall be effected by post or by courier service. Costs of service by courier service shall be borne by the party requesting service.
(2) Service, denial of admission or the fact that the addressee is not present at the address shall be certified by an employee of the courier service with a certificate.
(3) The document to be served may be accompanied by a translation in the language which the address understands at the request of the party requesting the service and its costs.
Art. 27. The time limits for the procedural action of the parties shall begin to run from the date on which the addressee received the notification or refused to receive it within the meaning of Article 25 (6) or Article 26 (2). 4. If the last day of the period expires on a non-working day, the period shall expire on the first working day.
V. RESPONSIBLE AUTHORITY
Composition of the determining authority
Art. 28. The Sofia Arbitration Court shall examine and settle the disputes which have been assigned to it by the Arbitral Tribunal, which may consist of one arbitrator or three arbitrators.
Art. 29. The President of the Sofia Arbitration Court shall propose to the parties to agree that the case be dealt with and decided by an arbitrator, which the two parties shall determine by mutual agreement from the list of arbitrators or to confer on the President of the Sofia Arbitration Court to designate it. In the same way, his alternate is also determined.
Composition by arbitrators
Art. 30. (1) If the Arbitral Tribunal consists of three arbitrators, each Party shall elect one arbitrator and one alternate from the list of arbitrators, and the President of the Sofia Arbitration Court shall elect the Chairman of the Arbitral Tribunal and its Deputy.
(2) If the plaintiff with his / her claim or the defendant with his / her answer within the term under Art. 23, para. 2 shall not designate an arbitrator, the President of the Sofia Arbitration Court shall appoint from the list of arbitrators an arbitrator to consider the dispute.
(3) If the claimants or the defendants are several, they shall indicate by common agreement an arbitrator and his deputy. If no agreement is reached between the claimants or the defendants, the arbitrator and his deputy shall be appointed by the President of the Sofia Arbitration Court.
(4) The decision of the Chairman of the Sofia Arbitration Court under para. 2 and 3 is final.
(5) If the claimant has indicated as an arbitrator the Chairman or Deputy Chairperson. the Chairman of the CAC and the respondent in the response to the claim filed as an arbitrator the Chairman or Deputy Chairman. chairman of the CAC, the chairman of the deciding body shall be elected by the appointed chairperson, Chairman of the CAC by mutual agreement. In the event that such failure is not achieved, the Chairperson of the CAC shall immediately convene the Arbitration Board, which shall be obliged to elect a chairman of the arbitration panel and his deputy within three days. The decision to vote is taken by a simple majority.
Replacing an arbitrator
Art. 31. (1) If the elected or appointed arbitrator does not accept the election, appointment or is prevented from performing his duties, he shall be replaced by the appointed deputy. arbitrator. The same shall apply if the arbitrator is suddenly prevented from attending the scheduled meeting or, in respect of him, one of the grounds for incompatibility under Art. 14 of the Statute of the Court of Arbitration. The Deputy continues the case until its final conclusion.
(2) Subject to the preceding paragraph, the President of the Judge shall be replaced by the order in which he was elected. The replacement of an arbitrator, having already been elected chairman of the determining body, does not result in replacement of the chairman.
(3) If the substitute falls under the conditions of para. 1, the Party which has indicated it shall be invited to designate another arbitrator and his alternate.
Consent to arbitration
Art. 32. (1) The arbitrator referred to in his / her statement of arbitration shall make a declaration that there are no circumstances that may cast doubt on his / her impartiality.
(2) Any party to the dispute may appeal to an arbitrator and to the chairman of the arbitration panel if there is evidence that they are interested in the outcome of the case.
Appeal to an arbitrator
Art. 33. (1) Where a person is proposed to be an arbitrator, he must indicate all circumstances that may give rise to reasonable doubt as to his impartiality or independence by submitting a declaration signed by himself to the Registry of the court. The arbitrator also has this obligation after his appointment.
(2) Each party shall have the right to challenge the arbitrator and the chairman of the determining authority if he / she doubts their impartiality, and in particular if there is evidence that they are directly or indirectly interested in the outcome of the case.
(3) The arbitrator or the chairman of the deciding body shall be obliged to take the decision referred to in para. 1 Reasons.
Removal procedure
Art. 34. (1) An arbitrator’s appeal may be made not later than 7 days after the Party has become aware of the formation of the Arbitral Tribunal or after having learned of the circumstances giving rise to the dismissal.
(2) The request for refusal shall be filed in writing with the Secretariat of the Sofia Arbitration Court, stating the reasons for this.
(3) If the arbitrator does not act, the President of the Sofia Arbitration Court shall pronounce on the appeal.
(4) If the waiver is granted, the new arbitrator or chairman of the determining authority shall be designated or elected in accordance with the provisions of these Rules.
Evacuation of an expert and translator
Art. 35. On the grounds referred to in para. 2 of Art. 33, an expert or translator may be removed. The decisive authority is finally pronounced on the matter.
VI. CONSIDERATION OF THE CASE
Preparation for consideration of the case
Art. 36. (1) The determining authority shall examine the case for examination and shall take measures to clarify the circumstances of the case and to fill it with evidence in order to be promptly, economically and correctly decided. For this purpose, the case may be filed in a preparatory session without summoning the parties, and they shall be informed by the determining authority of the measures taken and the time limits for their implementation.
(2) The arbitrator or the chairman of the determining body may give the court secretary separate orders for the preparation of the case. He summons the case and instructs the secretary to summon the parties, witnesses, experts and translators.
Place to hold court sessions
Art. 37. (1) The sessions of the court shall be held in the city of Sofia, for which the parties shall be informed by the notice / summons for the scheduling of the meeting.
(2) At the request of the parties or on its own initiative, the determining authority may also hold its meetings in another place.
Summoning a meeting
Art. 38. (1) Notification shall be given to the parties indicating the case number, the parties, the place and the time of the meeting. Subpoenas and communications to the court must be received by the parties not later than 5 days before the meeting. In the cases between countries with a seat or domicile outside the country, this period is later than 10 days before the meeting.
(2) With the agreement of the parties, this period may be reduced.
(3) With the consent of the parties, the summons may be summoned to an e-mail address specified in the case, according to Art. 25, par.9.
Language of Case Study
Art. 39. The hearing of the case is in Bulgarian. Where one of the Parties does not have a Bulgarian language, the Appointing Authority shall appoint an interpreter. The translator’s remuneration shall be at the expense of that party, irrespective of the outcome of the case.
Consideration of the case
Art. 40. (1) The case shall be attended by a meeting, in which the parties may participate in person or through duly authorized representatives.
(2) The case shall be deemed to be non-public. With the consent of the determining authority and the consent of the parties to the meeting, the persons who are not involved in the case may also be present.
(3) Subject to the consent of the parties, the case may be heard and decided without being summoned to hear only on the basis of written evidence and written submissions submitted by them. However, the determining authority may summon the parties to a hearing if it finds that the case needs further clarification.
(4) The case shall be dealt with without summoning the parties if the defendant acknowledges the claim in the response to the claim.
(5) The proceedings before the Sofia Arbitration Court are confidential. Case material is provided only to the party, its legal representative or its legal representative in the case.
Art. 41. (1) At the request of the parties, the sessions of the arbitral tribunal may also be held at a distance, by videoconference or other communication technology.
(2) Upon receipt of a request for a remote meeting, the determining authority shall notify the contractor and give it a 7-day period for a written statement. If it agrees with the request, the determining authority shall schedule a day and a time for a remote meeting.
(3) Remote sessions shall be held through a videoconference based on Internet technology.
(4) The secretariat of the arbitral tribunal shall provide the deciding body with the technical conditions for conducting videoconferencing.
(5) The remote hearing shall be opened after the decision-maker’s chairman has satisfied that there is a video and audio connection between all participants in the videoconference.
(6) A full distance hearing shall be held when neither party is present at the seat of the arbitration. At a full distance meeting, the parties are required to provide the technical opportunity to participate in a videoconference. An incomplete meeting is held in the event that one of the parties is present at the seat of the arbitration and the other is outside its seat. In an incomplete remote meeting, the arbitration tribunal secretariat shall provide the attending country with a technical opportunity to participate in the videoconference and the other non-participating party shall provide the technical opportunity to participate in the videoconference.
(7) In conducting distant hearings, the parties may take all procedural steps without submitting written evidence.
(8) Where the parties have their seat or domicile in other countries, the distant meeting shall be held in the language chosen by the Parties.
(9) The Secretary-General of the Sofia Arbitration Court shall, in accordance with Art. 48 of the Rules of the Sofia.
Not a party.
Art. 42. (1) The failure of a party duly aware of the time and place of the arbitration session shall not be grounds for postponing the case. This can only happen if the unsuccessful party has requested that it be postponed for good reasons.
(2) Any party may request that the case be dealt with in its absence.
An objection of incompetence
Art. 43. (1) The deciding body shall decide on the jurisdiction of the Sofia Arbitration Court and when it is challenged due to the insolvency or invalidity of the arbitration agreement.
(2) The arbitration agreement included in the contract shall be independent of any other arrangements. The nullity of the contract does not in itself mean nullity and the arbitration agreement contained therein.
(3) The objection that the Sofia Arbitration Court is not competent shall be made at the latest by the response to the claim. It may be done by the party which has appointed or participated in the appointment of an arbitrator.
(4) On the objection of incompetence, the determining authority shall make a ruling before examining the merits of the case unless the resolution of the dispute in the jurisdiction is conditioned by the resolution of the substantive proceedings.
(5) If a determining authority rejects the objection of incompetence, the arbitration proceedings shall be conducted even though the defendant refuses or refrains from participating in it.
Agreement
Art. 44. (1) After the opening of the session, the determining authority shall propose to the parties to terminate the case by agreement.
(2) The arbitral tribunal may make a proposal for settlement in any situation in the case pending delivery of the decision.
(3) If the parties reach agreement with the determining authority, it shall be entered in the minutes of the meeting and signed by the parties and by the arbitrator or arbitrators.
(4) The parties may request the agreement to be reproduced in arbitration on agreed terms.
Securing the claim
Art. 45. Unless otherwise agreed by the parties, it may request the Sofia Arbitration Court to impose on the defendant appropriate remedies to secure his or her claim. The petitioner is required to specify a specific measure or measures that can not affect third parties. When accepting the requested measures, the Sofia Arbitration Court may prescribe a guarantee to be presented by the applicant.
Evidence
Art. 46. (1) Each Party shall prove the circumstances on which it bases its claim or objections.
(2) In view of the circumstances of the case, the determining authority may accept proven facts for which the Party has created obstacles to collecting the evidence admitted by it.
(3) The party may present the written evidence in original or a certified copy thereof. The determining authority shall have the right to request the translation of such evidence into another language where this is in the interest of the case. The written evidence provided by one party is served on the other party in due course. The parties can use as evidence and e-mail correspondence.
(4) The arbitrators shall judge the evidence of their internal convictions.
Collection of evidence
Art. 47. (1) The determining authority may require the parties to submit other evidence, to appoint experts or to require from organizations or natural persons certificates or other documents found therein where this is necessary to reveal the truth under the case. For the evidence gathered on a case-by-case basis, the parties shall be informed promptly and given an appropriate time-limit for taking an opinion and presenting opposing evidence.
(2) The determining authority may order the parties to provide the experts with the necessary information or to grant them access for inspection of documents, goods or other items when it is necessary for the conclusion of the conclusion. It may, at the request of either of its parties or on its own initiative, oblige the eyewitness, after presenting his conclusion, to participate in the hearing to give explanations. At the request of the parties, the determining authority may appoint other experts to conclude on the issue at issue. The party concerned shall provide and apply in an appropriate manner all the evidence on which the findings of the expert witnesses are established, unless both parties agree otherwise.
(3) Witnesses are questioned if they are received by the party who has indicated them and have clarified what circumstances they will establish.
(4) The determining authority may set the deadline for the designation and submission of evidence. The time limit may be extended or recovered if there are good reasons for the country to prove.
Assistance to a state court
Art. 48. The determining authority or the interested party may, with its consent, request the competent court in the country or abroad to gather some evidence necessary for the case.
Change of claim
Art. 49. (1) During the arbitration proceedings, either party may amend or supplement its claim or objection, unless otherwise agreed. The Sofia Arbitration Court may refuse to accept the requested amendment if it considers that it will create particular difficulties for the other party. These rules also apply to the amendment of the counterclaim.
(2) Where the party dies or the legal person ceases to exist, the proceedings in the case shall continue in the person of the transferee, if any.
(3) An amendment of the claim by replacing one of the parties with another person is admissible with the consent of both parties and of the person who intervenes as a party to the case.
Participation of third parties
Art. 50. Involvement and attraction of a third party is permissible only with the consent of the parties, and upon attraction – and with the consent of the person being attracted. The same applies to bringing an action against the person in question. The request to intervene and attract, as well as the bringing of a counter-claim against the accused, should be made by the expiration of the time limit for replying to the claim. Consent must be in writing.
Postponement of proceedings and suspension of proceedings
Art. 51. (1) The proceedings in the case shall be suspended:
a/ at the common request of the parties;
b/ when a case is handed to a court or other arbitral tribunal, the decision will be taken
importance for the proper settlement of the dispute;
in / at an express order of the law.
(2) The suspended case shall be resumed at the request of a party or of its own motion upon removal of the ground for suspension. In the case of letter “a” it shall be terminated if, within six months after its suspension, none of the parties has requested its resumption.
Protocol
Art. 52. (1) A record shall be drawn up by the secretary-stenographer appointed by the Chairman of the Sofia Arbitration Court for the arbitration session. The minutes shall be signed by the arbitrator or by the President of the Chamber and by the Secretary-Stenographer.
(2) At the request of the party within three days of the meeting, with the decision of the determining authority, the protocol may be corrected or supplemented if an error or omission is made.
(3) At the request of the parties, copies of the minutes shall be certified by the Sofia Arbitration Court Secretariat.
Applicable law
Art. 53. (1) The determining authority shall implement the law chosen by the parties. Unless otherwise agreed, the choice of law concerns substantive law and not conflict-of-law rules.
(2) Where the choice of law is inadmissible or the parties have not chosen the applicable law, the determining authority shall apply the law specified by the conflict-of-law rules which it considers applicable. If the parties have their seat or domicile in the same country, its conflict-of-law rules refer to the applicable law. Where the disputed treatment is governed by an international convention, it applies.
(3) In any event, the determining authority shall apply the terms of the contract and take account of commercial practices.
VII. COMPLETE THE PROCEDURE
Decision
Art. 54. (1) The arbitration proceedings shall end with a decision where there is no obstacle to the decision on the merits.
(2) A decision shall be made not only in the recognition of the claim but also in the case of a waiver of the claim. Where the circumstances of the case so require, a decision may be given in advance or in part.
(3) The decision, which, under the conditions of Art. 40 para. 4 reflects the agreement reached between the parties, has the force of a simple solution.
Determination of the decision
Art. 55. (1) Once the determining authority finds that all the circumstances relating to the dispute are sufficiently clear, it shall declare the race closed and proceed to the judgment.
(2) The decision shall be taken in a closed session, with a majority of the members of the determining body. The President voted last. If a majority can not be formed, the decision shall be taken by the President.
(3) The decision must be motivated unless it reproduces a settlement agreed by the parties.
(4) The decision shall be made by the Chairman and shall be signed by all the members of the Arbitration Body. If one of the arbitrators can not or refuses to sign the arbitration award, the chairman of the determining authority shall certify this with his signature on the decision, stating the reasons.
(5) The arbitrator, who remains in disagreement, shall be obliged to sign the decision immediately, indicating his / her position with the initials “o.m.”. Within seven days of signing, the arbitrator is required to submit in writing his / her peculiar opinion, which is attached to the decision. Upon expiry of this period, the arbitrator shall be deemed to have given his or her own opinion, in which case the expiry of the time limit shall be certified by the President of the determining authority.
(6) Where the case is decided by one arbitrator, the decision shall be prepared and signed by the arbitrator.
(7) If, upon the expiry of the time limit for submitting written observations in the case provided to the parties by the determining authority, it is established that the right of one of the parties to be heard has been violated, that it could not, for reasons beyond its control, has appeared as well as notifying the Arbitral Tribunal of this impossibility that the case requires additional evidence or clarification of circumstances that are relevant to its proper settlement, the determining authority resumes the examination of the case.
Content of the decision
Art. 56. The decision must contain:
- Name of the Arbitration Court;
- date and place of delivery of the decision;
- the names of the arbitrators;
- the names of the parties and other persons involved in the case;
- the subject-matter of the dispute and a summary of the circumstances of the case;
- the operative part of the decision;
- reasons for the decision;
- signatures of the arbitrators.
Entry of the decision
Art. 57. (1) After signing the decision under Art. 55 it shall be submitted to the Secretariat by the chairman of the determining body, respectively. the sole arbitrator and shall be entered in the decision book of the Arbitration Court in his presence, after which time the decision shall be deemed to have been rendered and rendered irrevocable. The Book of Decisions is available to the parties and their representatives.
(2) The decision shall be entered within 30 days from the last meeting, and in the cases under Art. 55, para. 5 – when presenting the special opinion, resp. certifying the lack thereof by the chairman of the determining authority after the expiration of the seven-day period under the same paragraph.
(3) The President of the Arbitration Court may, if necessary, extend the period under the preceding paragraph.
(4) The arbitration award is final and terminates the dispute.
Copy of the decision
Art. 58. (1) A copy of the decision shall be served on the parties, as they are informed that they can voluntarily execute it within 7 days as of the date of its receipt.
(2) A party to the case having its registered office abroad shall be transferred to its account a translation of the decision if it so requests.
(3) The copies and the translations shall be certified by the President of the court with his signature and the seal of the Sofia Arbitration Court.
(4) Should the preparation of the translation be delayed, the Registrar of the Court shall notify the foreign party to the case of an extract of the decision.
(5) Copies of the judgment shall be handed to the parties after the arbitration fees have been paid in full to the Sofia Arbitration Court.
Corrections and interpretation of the decision
Art. 59. (1) The determining authority may, at the request of either party or on its own initiative, amend the decision on the calculation, writing or other obvious factual error which it has committed. The request should be made within 7 days of receipt of a notification that the decision has been made.
(2) Any party may request the Interpretation of the decision by the determining authority. Interpretation can not be requested once the decision has been enforced.
(3) Upon the correction and interpretation of the decision, the determining authority shall hear the parties or give them the opportunity to submit their written observations within a time limit set by it. It shall decide on the correction and interpretation within 30 days of the request. The solution to these issues is a post.
Допълнително решение
Чл. 60. The party may request that the decision be supplemented if the determining authority has not ruled on all its request. A request to do so, with a copy for the opposing party, may be filed within 14 days of receipt of a notice that the decision has been made. Where the request is well founded, the determining authority shall take a further decision, subject to the provision of the Art. 55, para. 3.
Implementation of the Decision
Art. 61. (1) The arbitration award is final and binding on the parties.
(2) Provided that, within seven days of receipt of the decision, the liable party performs it voluntarily and provides evidence to that effect, in which case the Sofia Arbitration Court shall issue to the other party a certified transcript of the Decision and a certificate of its entry into force, stating that it has been fulfilled voluntarily.
COMPLETE THE PROCEDURE BY RULING
Art. 62. (1) If the case can not be adjudicated, the arbitration proceedings shall be terminated by a ruling to which the rules of Art. 55, para. 5 and Art. 57.
(2) An order for the cessation of proceedings shall be made by:
- if the plaintiff withdraws his claim unless the defendant objects and the arbitral tribunal finds that the defendant has a legitimate interest in making a decision;
- upon agreement between the parties, under Art. 40 para. 3 of these Regulations as well as in the case of Art. 47, para. 2;
- in the absence of prerequisites necessary for the examination of the substance of the case, as well as when, owing to the omission of the plaintiff, the non-movement of the application is not dealt with by the Chairman of the Sofia Court of Arbitration, respectively the Determination Body.
(3) If the Arbitral Tribunal is not yet established according to the established procedure, the order for termination of the arbitration procedure shall be ordered by the Chairman of the Sofia Arbitration Court.
Keeping cases and decisions
Art. 63. The registry of the court shall keep the completed cases for 5 years from the announcement of the decisions and their rulings. Upon expiry of this period, the cases shall be destroyed, except for the decisions and motives to them, as well as the agreements concluded, which shall be kept forever.
VIII. FEES, COSTS AND PIGEONHOLE
Arbitration fees and expenses
Art. 64. . (1) The arbitration fees and arbitration fees shall be calculated in accordance with the arbitration fees and arbitration fees and arbitration fees, which shall constitute an integral part of these Rules .
(2) The chairman of the court or the determining authority shall oblige the party wishing to obtain evidence to deposit a deposit for the costs of collecting the requested evidence.
(3) The operations for which no deposit has been deposited shall not be made.
(4) The determining body shall determine the remuneration of the interpreters, the secretary and the experts, as well as their mission allowances, where missions are required.
PIGEONHOLE
Art. 65. (1) The secretaries of the court shall keep a record of the judgments, which shall include extracts from the motives of the decisions of principle significance.
(2) The file shall be accessible to the parties to the cases and their proxies. It may be issued with copies against payment of a fee. Copies are issued after filing an application to the President of the Sofia Arbitration Court.
(3) Cases are accessible only to the parties. Copies of these may be issued against payment of a fee. Access is granted and the files are issued after depositing a request with the President of the Sofia Arbitration Court.
(4) The Arbitration Court may authorize the publication of the periodic seal and in separate collections of opinions. The publication may not include the names of the parties and such data as may affect their interests. The court chairman may exclude from disclosure any other disclosure of which is inappropriate.
These Rules were adopted at the Constituent Assembly of the International Association of Justice and Arbitration Association with a decision under Protocol No. 1 dated 12.07.2016 and entered into force on 12.07.2016.
All powers of the President of the Arbitration Court under these Rules shall be exercised by his Deputy at their explicit assignment by the President of the International Association for Justice and Arbitration.
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