SOFIA ARBITRATION COURT /SAC/

SOFIA ARBITRATION COURT /SAC/

AT THE INTERNATIONAL ASSOCIATION FOR JUSTICE AND ARBITRATION /IAJA/

The Sofia Arbitration Court at the International Association of Justice and Arbitration Association is an independent judicial institution. We are part of an international community that currently has 17 countries.

SOFIA ARBITRATION COURT /SAC/

AT THE INTERNATIONAL ASSOCIATION FOR JUSTICE AND ARBITRATION /IAJA/

The Sofia Arbitration Court at the International Association of Justice and Arbitration Association is an independent judicial institution. We are part of an international community that currently has 17 countries.

Tariff

Tariff for arbitration fees and costs in cases which are considered by the Sofia Arbitration Court at the International Association for Justice and Arbitration Association – 2016

Paragraph 1 - Arbitration fee and deposit

(1) Arbitration fee and deposit for expenses shall be collected at the proceedings.

(2) “Arbitration fee” means the amount collected to cover the total costs of the Arbitration Court, including the remuneration of the arbitrators.

(3) “Deposit” means the amount charged for the costs incurred in the individual cases of summons and communications, service of documents, translation, verbatim reports, certificates and the like.

Paragraph 2 - Amount of the arbitration fee

(1) The arbitral tribunal shall collect an arbitration fee, which shall be determined according to the price of the claim on the following table:

Price of claim (BGN) Arbitration fee (BGN)
– up to 1 000 200
from 1,001 to 5,000 250 + 3,5% for the amount over 1,001
from 5 001 to 25 000 380 + 3.5% for the amount over 5 001
from 25 001 to 100 000 620 + 3.5% for the amount over 10 001
from 100 001 to 500 000 3250 + 3% for the amount over 100 001
from 500 001 to 1 000 000 11 120 + 2% for the amount over 500 001
from 1 000 001 – 20 000 + 1.5% for the amount over BGN 1 000 001

(2) The arbitration fee shall be paid in advance. When paying by bank transfer, the fee is deemed to have been paid on the day the CAC bank account is credited with International Association for Justice and Arbitration Association.

(3) Upon the increase of the claim, an additional arbitration fee shall be paid, the amount of which shall be the difference between the fee that is due on the price of the claim after the increase and the fee already paid.

(4) In case of an objective combination of the claims, if the total price of claims is less than BGN 50,000, the arbitration fee shall be increased as follows:
· If the number of joined claims is 3 to 5 – the arbitration fee determined in the order of the above table is increased by a coefficient of 1.2;
· If the number of claims is between 5 and 10 – the arbitration fee is increased by a factor of 1.5;

· If the number of joined claims exceeds 10 – by a factor of 2.

(5) If, upon agreement of the parties to an international case, the latter is held in a language other than Bulgarian, the arbitration fee determined in accordance with the above table shall be increased by a coefficient of 1.2.

(6) Where a claim or an objection to set-off is made in foreign currency, the price of the claim or the objection for offsetting shall be determined in Bulgarian leva at the exchange rate of the BNB on the day of filing. The arbitration fee and the deposit are set in BGN, and in international cases and in EUR according to the fixed exchange rate of the euro.

(7) Parties may submit arbitral fees and deposits in their preferred currency, for which the CAC of the International Association of Justice and Arbitration Association has open accounts. When returning funds, the latter returns to the currency in which they are imported.

(8) In the case of a partial claim, the fee is calculated on the submitted partial amount but not less than 10% of the full amount.

Paragraph 3 - Reducing the amount and partial refund of the arbitration fee

(1) If the case is dealt with by one arbitrator, 80% of the amount of the arbitration fee due shall be collected, as defined in §2, paragraph 1 of the Tariff of Arbitration Fees and Expenses.

(2) Upon termination of the plaintiff’s case, the following shall be returned:
1. 75% of the arbitration fee paid and the deposit if the termination took place before the Constitution was constituted.

2. 50% of the arbitration fee paid when the case is terminated after the determining authority has been constituted.

3. 25% of the fee paid for ruling on the objection of incompetence with the decision on the case, upon termination of the proceedings for a possible action or possible objection for set-off, pronounced in the resolution of the case, as well as when the parties have requested termination within the term for issuing the decision .

(3) The provisions of the preceding paragraph shall not apply where the minimum fee has been paid and where the claimant has withdrawn the action or omission after the determining authority has made a preliminary ruling which fully determines the outcome of the case.

(4) The order for the return of a part of the arbitration fee shall be determined by the Refereeing Body and, if not, by the President of the Sofia Arbitration Court.

Paragraph 4 - Arbitration fee for counterclaim and objection for offsetting

For the counterclaim and the interrogation objection, an arbitration fee is collected in accordance with the rules of the original claim.

Paragraph 5 - Deposit for Arbitration Costs

(1) The deposit for expenses shall be determined by the Chairman of the Sofia Arbitration Court and shall be prepaid by the plaintiff.

(2) When the decision is taken or the case is terminated, the deposit shall be reported by the determining authority. It obliges the International Association for Justice and Arbitration to reimburse to the plaintiff the unspent part of the deposited deposit, respectively, obliging the applicant to bring the difference between the deposited deposit and the actual amount of the costs incurred in the case. If the Determining Body is not formed, the deposit shall be reported by the Chairman of the Sofia Arbitration Court.

Paragraph 6 - Costs for the taking of evidence in the case

(1) Amounts for the remuneration of experts and their missions, if they are imposed in connection with drawing up the conclusions, as well as the sums for the inspection, shall be paid in advance by the party requesting them in an amount determined by the Arbitration Body .

(2) Costs related to bringing a witness admitted shall be borne by the party who has requested it.

Paragraph 7 - Supplemental Costs

(1) Where, at the request of the parties, the sessions of the Arbitral Tribunal are held outside the seat of the Arbitral Tribunal, the additional costs shall be paid in advance by the parties on an equal basis. Upon completion of the case, they shall be reported by the determining authority, which shall order the return of the unused portion, if any, respectively. to add the difference.

(2) The party that has appointed an arbitrator whose participation in the meetings of the Arbitral Tribunal is related to travel expenses and his / her stay at the seat of the Arbitration Court in Sofia shall pay in advance the amount for these expenses, which remain on his / her account, from the outcome of the case.

Paragraph 8 - Liability of the parties for the arbitration fee, the deposit and the costs

(1) Unless the parties have agreed otherwise, the costs of the arbitration charge, deposit and taking of evidence in the case shall be awarded to the party against whom the judgment was given, and where the action is partially granted, they shall be awarded in proportion to the honorable and rejected part from the claim. Expenditure on admitting a witness is granted if proven by the claimant, but their amount may not exceed the statutory travel costs.

(2) The party entitled to costs may request to be awarded the proven normal costs it has incurred for its procedural defense in the case. She has to prove this cost to the Sofia Arbitration Court.

(3) The party represented by a legal counsel or defense counsel in the case but failing to provide proof of the expenses incurred shall be awarded the minimum amount specified in the Tariff for Arbitral Fees and Costs in Cases to be handled by the Sofia Arbitration Court at ” International Association of Justice and Arbitration “

(4) The defendant shall also be entitled to expenses upon termination of the case in accordance with the preceding paragraphs.

Paragraph 9 - Liability of the parties for costs in the proceedings for interim relief

(1) Unless the parties have agreed otherwise, each party shall have the right to apply for awards under par. 8, para. 1 and 2 of the costs incurred in proceedings under a claim against a claim which is the subject of the arbitration proceedings.

(2) The expenses referred to in the preceding paragraph shall include an arbitration fee and the normal costs incurred by the Party for its procedural protection in the proceedings for interim relief. These costs must be proven before the determining authority.

(3) In the case of accelerated proceedings for consumer disputes with a material interest of up to BGN 5,000, the country, which has a legal or legal defense in the case but has not provided evidence of the expenses incurred, shall be awarded the expenses for lawyer or legal counsel remuneration as follows:

For material interest of BGN 0-50 – they are not awarded.

For material interest 50-100 BGN – 50 BGN.

For material interest from 100-300 BGN – 100 BGN.

For material interest from 300-500 BGN – 200 BGN.

For material interest from 500-1000 BGN – 220 BGN.

For material interest from 1 000-2 500 BGN – 250 BGN.

For material interest from 2500-5000 BGN – 300 BGN.

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