Rules of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (1993)

(These Rules were adopted by the Administrative Council of the Bulgarian Chamber of Commerce and Industry on the 31st of March 1993 with Minutes No. 1 and came into force on the 1st of July 1993 abrogating all Rules which had been in force before that date.)

I. GENERAL PROVISIONS

Court of Arbitration

Art. 1

1. The Court of Arbitration at the Bulgarian Chamber of Commerce and Industry is a justice-administering institute, independent if the Chamber. The organization of the Court of Arbitration and the status of the arbitrators are determined according to the Statute of the Court of Arbitration.
2. The Court of Arbitration shall resolve on civil law disputes, as well as on disputes about gaps to be filled in contracts or their adaptation to newly arisen circumstances, regardless of whether the seat or the domicile of one or both parties is in the Republic of Bulgaria or abroad.

Jurisdiction of the Court of Arbitration

Art. 2

1. The Court of Arbitration shall examine the disputes referred to in Art. 1 (2) provided that they have been submitted to it either by means of an arbitration agreement or of an international treaty.
2. The arbitration agreement must be in writing. The agreement shall be deemed to be in writing provided that it is contained in letters, telegrams or any other written means of telecommunications, exchanged between the parties as well as in general conditions referred to in a written contract concluded between the parties.
3. An arbitration agreement shall be considered as written provided that the claimant brings a suit before the Court of Arbitration, and the defendant, either in writing or through a statement, entered into the records of the arbitration sitting, agrees the case to be heard by the Court of Arbitration or proceeds towards a decision of the case on its merits, without challenging the jurisdiction of the Court of Arbitration.

Applicable procedural rules

Art.3

1. Unless the parties agree otherwise, their consent to submit the dispute to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry shall be deemed as a recognition of these Rules.
2. The Court of Arbitration shall apply the procedural rules, agreed upon by the parties, unless they contradict the mandatory provisions of the law applicable to the arbitration or the principles of these Rules. The parties may agree that the case be heard in accordance with the Rules of Arbitration of the UN Commission for International Trade Law (UNCITRAL).
3. Regarding issues not regulated by the Law on the International Commercial Arbitration, by these Rules or by the agreement between the parties, the arbitrators shall proceed in accordance with their reasonable discretion, being led by the nature of the arbitration and the subject matter of the dispute, ensuring in any case equal opportunity to each one of the parties to defend its rights.
4. Regarding cases based on an arbitration agreement, those provisions of the Rules which have been in force at the commencement of the arbitration proceedings shall be applied unless both parties request that the provisions be applied which have been in force at the conclusion of the arbitration agreement or have become effective after the commencement of the arbitration proceedings.
5. In case the party has not objected immediately in writing or during the hearing against the violation of a procedural rule referred to in subsections 1 or 2, it shall be deemed that the party has waived its right to rely in this violation.

II. CLAIM AND REPLY TO THE CLAIM

Making a claim

Art. 4

1. Arbitration proceedings shall commence from the moment of filing the statement of claim with the Court of Arbitration.
2. The statement of claim shall be considered as filed on the day on which it has been registered by the Secretariat of the Court of Arbitration, and if send by post, from the date indicated on the seal of the post-office at the place of mailing.

Content of the statement of claim

Art. 5

1. The statement of claim shall contain:

1. full names of the parties;
2. the addresses of the parties, their telephone, telefax and telex numbers;
3. the circumstances on which the claim is based and the evidence to confirm these circumstances;
4. the request of the claimant;
5. the value of the claim, if the claim could be assessed in money;
6. evidence in support of the claim;
7. the names of the arbitrator and his deputy elected by the claimant or a request that the arbitrator and his deputy should be appointed by the Chairman of the Court of Arbitration; when the claimant has his seat or domicile abroad he may elect as an arbitrator a person whose name has not been entered into the list of arbitrators; this person may be a foreigner; in cases of mandatory jurisdiction this possibility shall apply only under condition of reciprocity;
8. a document for the payment of the arbitration fees and a deposit for the expenses;
9. a list of the documents attached to the statement of claim;
10. the signature of the claimant.

1. To the statement of claim shall be attached: the arbitration agreement, when the jurisdiction of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry is not based on an international treaty; two copies of the statement of claim and the written evidence.

Value of the claim

Art. 6

1. The claimant must point out in the statement of claim the value of the claim even when his claim or a part of it is not for a sum of money.

1. when the claim is for an amount of money - by the amount of the money claimed;
2. when the claim is for delivery of specific things - by their values;
3. in case of declaratory actions or actions for modification of legal relations - by the value of the object of the legal relations at the time when the claim was made;
4. when the claim is for a specific action or inaction - by the value of the property interest of the claimant;

1. The value of the claim shall be determined:
2. When several claims are joined in one statement of claim the value of each claim shall be pointed out separately. The arbitration charge shall be determined on the basis of the total value of all claims.
3. When the claimant has not determined or has wrongly determined the value of the claim as well as when it cannot be determined with accuracy, the Chairman of the Court of Arbitration may, on his own initiative, or on the request of the defendant, determine the value of the claim on the basis of the data available.

Preliminary verification of the jurisdiction of the Court of Arbitration

Art. 7

1. If the claimant in his statement of claim does not rely on an arbitration agreement or fails to submit it, the Secretariat of the Court shall invite the claimant, within one week from the date of receipt of the notice, to submit it or to declare in writing that he would like a copy of the statement of claim to be served upon the defendant irrespective of the absence of an arbitration agreement. The same notice shall be served if the Chairman of the Court of Arbitration ascertains that the submitted arbitration agreement does not confirm the jurisdiction of the Court of Arbitration. In the cases when the submitted arbitration agreement is invalid, relating to a non-arbitrable dispute such a notice shall not be served.
2. If within the determined time-limit the claimant does not present an arbitration agreement establishing the jurisdiction of the Court of Arbitration and fails to declare in writing that he desires a copy of the statement of claim to be served upon the defendant, as well as if the agreement relates to a non-arbitrable dispute, the statement of claim shall be sent back to the claimant on the order of the Chairman of the Court of Arbitration. Till the expiration of the time-limit for the declaration of the claimant referred to in subsection 1 of this Article, a notice for the payment of the arbitration charges shall not be sent. The sending back of the statement of claim shall not be an obstacle for the claimant to bring a suit before the competent state court in order to establish the existence of a valid arbitration agreement establishing the jurisdiction of the Court of Arbitration.
3. After the defendant has been served a copy of the statement of claim the verification of the jurisdiction of the Court of Arbitration belongs to the arbitral tribunal. It shall not be bound by the preliminary standpoint referred to in subsection 1 that there is an arbitration agreement establishing the jurisdiction of the Court of Arbitration.

Removal of defects of the Statement of claim

Art. 8

1. Should the Secretariat of the Court establish that the statement of claim does not comply with the requirements provided for under Art. 5, subsection 1, items 1, 2, 4, 5, 8 and 10, or that copies of it have not been submitted in accordance with Art. 4, subsection 2, it shall grant the claimant a time-limit to remove the defects. This time-limit shall not exceed two months, or respectively two weeks for disputes between parties with seats or domiciles in this country, counted from the date on which the claimant has received the notification. No court proceedings shall be undertaken until the defects are removed.
2. If the claimant contests the standpoint of the Secretariat the Chairman of the Court of Arbitration shall order a copy of the statement of claim to be served on the defendant if the contestation is well-founded, or shall order the statement of claim to be returned to the claimant if the contestation is groundless.

Replay to the Statement of claim

Art. 9

1. After the statement of claim has been filed and the arbitration charges and the deposit for the expenses have been paid the Secretariat of the Court shall inform the defendant by serving him a copy of the statement of claim together with its enclosures and the list of arbitrators.
2. The Secretariat shall at the same time inform the defendant that he may within a 30 day time-limit counted from receiving the copy of the statement of claim submit his reply supported by the respective evidence. In cases between parties with seats or domiciles in this country the time-limit shall be 15 days. On the request of the defendant, the above time-limits may be extended by the Chairman of the Court.
3. Within the same time-limit the defendant shall advise the Court of the name of the arbitrator and his deputy elected by him or authorize the Chairman of the Court to select them. When the defendant has his seat or domicile abroad he may nominate for arbitrator a person not enrolled on the list of arbitrators. This person may be a foreigner.
4. Within the time-limit given for the reply, the defendant may bring a counter-claim or an objection for set-off if the dispute regarding his claim is under the jurisdiction of the Court of Arbitration. The dispositions of Art. 4, subsection 2, and Art. 5 through 8 shall be applied to the counter-claim. Where the claim of the defendant has been confirmed by res iudicata or is not contested by the claimant, it may be raised later.
5. Failure to file a reply shall not be deemed as an admission of the claim.

III. PAPERS, COMMUNICATIONS AND SERVING OF DOCUMENTS

Submission

Art. 10

1. All documents must be submitted in a sufficient number of copies to provide one copy for each party and not less than two copies for the Court of Arbitration.
2. The documents specified in subsection 1, with the exception of the documentary evidence (subsection 3 of Art. 29), shall be submitted in the language of the contract, or in the language in which the parties have kept up their correspondence or in Bulgarian. The documents shall be translated on the order of the Secretariat for the account of the party which has submitted them.
3. The Bulgarian enterprises shall submit their papers in Bulgarian accompanied by a translation in the language in which they have kept up their correspondence with the other party if that party has its seat or domicile abroad.
4. If the papers are submitted in a language that may cause difficulties with the translation, the Secretariat of the Court shall oblige the respective party to submit them translated in English, French, German, Russian, Italian or Spanish. If the translation has not been submitted within the time-limit given to the party no proceedings shall be undertaken.

Sending and serving documents

Art. 11

1. The Secretariat of the Court shall serve on the parties all the documents, notices and summons at the addresses given by them, or at the addresses of their duly authorized representatives.
2. The statement of claim, the reply to the statement, the awards and the rulings shall be sent by registered mail against a return receipt. The summons and other communications may be sent by cable, telex, or telefax and shall be deemed served if proved to have been received.
3. All above-mentioned papers may be served personally on the party or on his representative against a receipt.

Receipt of papers, summons and communications

Art. 12

1. When the seat, the domicile, the habitual place of residence or the postal address of the party cannot be traced even after a through investigation, the papers, communications and/or summons shall be considered as duly served if they have been sent to the last known seat, domicile, habitual place of residence or postal address, by registered letter or by any other means by which the attempt for delivery can be certified.
2. The document referred to in the provisions of subsection 1, shall be deemed served also in case the addressee refuses to receive it, or has not contacted the post office to receive it, if this fact is certified by the post office.
3. The time-limit of the parties for proceedings shall commence from the date on which the addressee has received the notice. When the last day of the time-limit happens to fall on a holiday, the time-limit shall expire on the first working day following.

IV. THE ARBITRAL TRIBUNAL

Composition of the Arbitral Tribunal

Art. 13

1. The Court of Arbitration shall examine and resolve on the disputes submitted to it by an arbitral tribunal which may consist either of a sole arbitrator or of three arbitrators.
2. The Chairman of the Court of Arbitration may propose to the parties to agree the case to be heard and adjudicated on by a sole arbitrator selected by them or by the Chairman of the Court of Arbitration upon authorization by the parties.

The panel of Arbitrators

Art. 14

1. If the arbitral tribunal should consist of three arbitrators then each party shall select one arbitrator and his deputy, and the two arbitrators shall on their part within a 7 day time-limit, commencing from the day of notification of their election, choose from the list of arbitrators the presiding arbitrator. The time-limit shall be 30 days if one of the arbitrators is a foreigner.
2. If the claimant or the defendant does not elect an arbitrator or the arbitrators fail to elect the presiding arbitrator of the tribunal within the time-limit referred to in the preceding subsection, the Chairman of the Court of Arbitration shall appoint the arbitrator or the presiding arbitrator from the list of arbitrators.
3. Where there are more than one claimants or defendants, they shall elect by common consent one arbitrator and his deputy. In case they cannot reach an agreement, the arbitrator and his deputy shall be appointed by the Chairman of the Court of Arbitration.
4. The decision of the Chairman of the Court of Arbitration, as referred to in subsections 2 and 3, shall be considered as final.

A Sole Arbitrat

Art. 15

By mutual consent of both parties, the case may be heard and settled by a sole arbitrator whom they can choose from the list of arbitrators. In such case they shall choose the deputy as well. Should the parties fail to reach an agreement, the arbitrator and his deputy shall be appointed by the Chairman of the Court of Arbitration.

Replacement of an Arbitrator

Art. 16

1. If the arbitrator should not accept his appointment or dies, or is prevented from fulfilling his obligations or fails to fulfill them for more than 60 days, he shall be replaced by the arbitrator chosen as his deputy. The same shall apply in case when the arbitrator is unexpectedly prevented from taking part in a scheduled hearing. The deputy shall take part in the proceedings until the termination of the case.
2. under the conditions of the preceding subsection, the presiding arbitrator shall be replaced in the same manner as he has been elected.
3. If the conditions stated in subsection 1 occur in respect to the deputy arbitrator, the party that has elected him shall be invited to elect another arbitrator and his deputy.
4. When it is necessary and after consulting both parties, the arbitral tribunal may in the cases referred to in subsections 1 through 3 reexamine the issues which have been dealt with in the sitting held before the replacement.

Challenging the Arbitrator

Art. 17

1. When a person is nominated for an arbitrator, he must disclose any circumstances which may give rise to reasonable doubts either about his impartiality or his independence, presenting to the Secretariat of the Court a personally signed declaration. The arbitrator shall have this obligation after his election as well.
2. Each party is entitled to challenge the arbitrator or the presiding arbitrator in case of doubts about his impartiality, and in particular if there are data that they personally are directly or indirectly involved in the outcome of the dispute.
3. The arbitrator or the presiding arbitrator shall be obliged to withdraw in the event of the grounds specified in subsection 1.

Challenging Procedures

Art .18

1. A challenge to an arbitrator shall be made not later than 7 days after the respective party has been informed about the formation of the arbitral tribunal or after the party has learned the circumstances giving ground for the challenge. A challenge cannot be made after the matters of law and fact in the case have been declared clarified, and the arbitral tribunal has proceeded to render the act which the case shall be terminated by.
2. The challenge must be made in writing specifying the grounds on which it is based and addressed to the Court of Arbitration.
3. If the arbitrator does not withdraw and the opposite party does not agree with the challenge, the Chairman of the Court of Arbitration shall decide on the challenge.
4. If the opposite party agrees with the challenge or it has been granted, the new arbitrator or presiding arbitrator shall be nominated or elected according to the present Rules.

Challenge of Experts and Interpreters

Art. 19

On the grounds specified in Art. 17, subsection 2, an expert or an interpreter may be challenged. The arbitral tribunal shall render the final ruling on the challenge.

V. HEARING THE CASE

Preparation for the hearing

Art. 20

1. The arbitral tribunal shall examine whether the case is ready for hearing and shall take the necessary measures to clarify the circumstances of the case and to supply it with evidence in order to ensure its speedy, economical and right resolution. For this purpose the case may be brought into a preparatory sitting without summoning the parties which shall be informed about the measures ordered by the arbitral tribunal and the time-limits for their performance.
2. The arbitrator or the presiding arbitrator may give the Secretary of Court separate orders for the preparation of the hearing. He shall set the date for the hearing and order the Secretary to summon the parties, the witnesses, the experts and the interpreters.

Place of the hearing

Art. 21

1. The sittings of the Court shall be held in the city of Sofia.
2. When necessary the arbitral tribunal may on request of the parties or on its own initiative hold its hearings at another place, the expenses being paid in advance by the party that has requested the hearing to be held elsewhere.

Summoning to hearing

Art. 22

1. Summonses specifying the time and place of the hearing shall be served upon the parties. The summonses and the notices should be sent forward in such a manner that each party should have at least 30 days at its disposal to prepare for and take part in the hearing. When the seats or the domiciles of the parties are in this country the time-limit shall not be shorter than 15 days.
2. A shorter period may be set by common consent of the parties.

The language in which the hearing shall be conducted

Art. 23

The hearing of a case shall be conducted in the Bulgarian language but when one of the parties has a seat or domicile abroad an agreement may be reached on using another language, unless the dispute is under the mandatory jurisdiction of the Court or the representative of the foreign party is in command of the Bulgarian language. The agreement must be reached before the composition of the arbitral tribunal. It shall appoint an interpreter for the party that does not speak Bulgarian. The interpreter’s fee shall be for the account of this party, regardless of the outcome of the case.

Hearing a case

Art. 24

1. The case shall be heard at a sitting in which the parties may take part in person or through duly authorized representatives who may also be foreign citizens if the seat or domicile of the party is abroad.
2. The case shall be held in private. Persons not involved in the proceedings may be present at the hearing with permission of the arbitral tribunal and the consent of the parties.
3. By agreement of the parties the case may be heard and resolved without their summoning on the basis only of documentary evidence and submissions presented in writing. The arbitral tribunal shall summon the parties when it finds that the case needs additional clarification.
4. The case shall be examined without summoning the parties, if the defendant in the reply to the claim recognized the claim.

Non-appearance

Art. 25

1. The case shall be examined without summoning the parties, if the defendant in the reply to the claim recognized the claim.
2. Each party may ask the case to be heard in its absence.

Objection to the jurisdiction of the Court

Art. 26

1. The arbitral tribunal shall decide on its jurisdiction even when it has been challenged on the basis of absence or invalidity of the arbitration agreement.
2. The arbitration agreement, incorporated into a contract, is independent of its other stipulations. The nullity of the contract shall not mean, by itself, invalidly of the arbitration agreement incorporated in it.
3. The plea regarding the jurisdiction is to be made not later than the reply to the statement of claim. It may also be made by a party that has elected or has taken part in the election of an arbitrator.
4. When an issue is put forward which is not within the jurisdiction of the court, the plea for lack of jurisdiction should be made immediately.
5. The arbitral tribunal may grant a plea for lack of jurisdiction, when it has not been made in time, if there is a reasonable excuse for the delay.
6. The arbitral tribunal shall rule on the plea for lack of jurisdiction before the entry into the merits of the case, unless the plea for lack of jurisdiction depends on the decision of the dispute on its merits.
7. When the arbitral tribunal dismisses the plea for lack of jurisdiction, the proceedings shall continue notwithstanding that the defendant has refused or refrained from participation in the proceedings.

Settlement

Art. 27

1. After opening the hearing, the tribunal shall propose to the parties to terminate the case with a settlement.
2. The arbitral tribunal may propose a settlement at any stage of the proceedings before the award is made.
3. When the parties reach a settlement before the arbitral tribunal, it shall be entered into the records of the hearing and shall be signed by the parties and the arbitrator or arbitrators.
4. The parties are entitled to request that the settlement be recorded in an arbitral award made by consent of the parties.

Security for the claim

Art. 28

Unless the parties have agreed otherwise, the arbitral tribunal may, on the request of one of the parties, oblige the other to furnish a suitable security to safeguard the rights of the applicant. The security should not infringe upon the rights of third parties. If the request is granted, the arbitral tribunal may order a guarantee to be submitted by the applicant.

Evidence

Art. 29

1. Each party is to prove the circumstances on which its claims or objections are based.
2. With respect to the circumstances of the case, the arbitral tribunal may regard as proved the facts in respect of which a party has created hindrances for collecting the evidence accepted by the arbitral tribunal.
3. The parties may submit the original written evidence or certified copies of it. The arbitral tribunal is entitled to request a translation of this evidence into another language when this is necessary for the examination of the case. The written evidence, produced by one of the parties, shall be handed over to the other party in due time.
4. The verification of the evidence shall be carried out in the way established by the arbitral tribunal. It may assign this task to one of the arbitrators. The parties shall be duly notified for inspections of goods and other objects as well as for inspections on the spot.
5. The arbitrators shall assess the evidence according to their free convictions.

Collecting evidence

Art. 30

1. When this is necessary for revealing the truth of the case, the arbitral tribunal may ask the parties to submit additional evidence as well as on its own motion summon witnesses, appoint experts or require from organizations or physical persons to hand in certificates or other documents in their possession. The parties shall be duly notified about the evidence collected ex officio and shall be allowed an adequate time-limit to declare their standpoints to them as well as to present counter-evidence.
2. The arbitral tribunal may order the parties to submit to the experts all the necessary information and/or ensure access to documents, goods or other objects for inspection when this is necessary for the preparation of the expert report. At the request of the parties other experts may be appointed as well in order to give their opinions on the matter under dispute.
3. For collecting evidence the arbitral tribunal may delegate one of its members abroad, the party that has demanded such evidence being bound to advance the expenses.

Assistance from the State Court

Art. 31

The arbitral tribunal or the party concerned, with its approval, may request from the competent state court in this country or abroad to collect certain evidence necessary for the case.

Modification of the claim

Art. 32

The claimant may change his claim without the consent of the defendant. The arbitral tribunal may refuse to allow the modification of the claim if this could unduly hinder the defence of the defendant or the timely resolution of the dispute. These rules shall apply also to any change of the counter-claim as well.

Third party participation

Art. 33

The intervention as well as the summoning of a third party may only be admitted with the consent of both parties, and in the case of summoning a third party - with the consent of this party. The same shall apply for bringing a claim against the summoned third party. The summoning of a third party is admissible only till the expiry of the time-limit for the reply to the statement of claim. The consent should be given in writing.

Adjournment of a hearing and suspension of proceedings

Art. 34

1. On the request of the parties or on its own initiative, the arbitral tribunal may order by a ruling the adjournment of a hearing or the suspension of the proceedings for a definite period of time which may not be longer than one year.
2. The suspended case shall be terminated if within an one-year term from its suspension neither party demands its resumption.

Records

Art. 35

1. Shorthand records of the hearing shall be drawn up by a secretary appointed by the arbitral tribunal. The records shall be signed by the arbitrator or the presiding arbitrator and by the secretary.
2. On the request of the parties the arbitral tribunal may enter amendments or additions to the records by a ruling in case of errors or omissions.
3. Transcripts of the records, authenticated by the Secretariat of the Court of Arbitration, shall be sent to the parties.

Applicable law

Art. 36

1. The arbitral tribunal shall settle the dispute by applying the law chosen by the parties. Unless otherwise agreed, the choice of law shall refer to the substantive law and not to the conflict of law rules.
2. When the choice of law is inadmissible or the parties have failed to choose the applicable law, the arbitral tribunal shall apply the law determined by the conflict of law rules, which it considers as applicable. When the seats or the domiciles of the parties are in the same country, the conflict of law rules of that country shall determine the applicable law. If the disputed relationship is governed by an international treaty, it shall be applied.
3. In any case, the arbitral tribunal shall apply the terms of the contract, taking into account the usages of trade.

VI. TERMINATION OF THE PROCEEDINGS

Awards

Art. 37

1. The arbitration proceedings shall be terminated by an award if there are no procedural obstacles to resolve the dispute on its merits.
2. An award shall be made not only when the claim is recognized but also in case of waiver of the claim. When the circumstances of the case demand so a preliminary or a partial award may be rendered.
3. The award made under the conditions stipulated by Art. 27, subsection 4, shall reproduce the agreement reached between the parties and shall have the force of an ordinary award.

Making an award

Art. 38

1. When the arbitral tribunal finds that all circumstances connected with the dispute have been sufficiently clarified it shall declare the end of the pleadings and shall proceed to render the award.
2. The decision shall be taken in deliberation by majority vote of the arbitral tribunal. The presiding arbitrator shall be the last to vote. If a majority cannot be reached, the award shall be made by the presiding arbitrator.
3. The award shall state the reasons upon which it is based unless it is made by consent of the parties.
4. The text of the award shall be prepared by the arbitrator, reporting on the case and shall be signed by the presiding arbitrator and the members of the arbitral tribunal. When one of the arbitrators is unable or refuses to sign the award, the presiding arbitrator shall certify this with his own signature stating the reasons thereof.
5. The dissenting arbitrator in a short term shall submit his dissenting opinion in writing to be attached to the award.
6. When the case is decided by a sole arbitrator, the award shall be prepared and signed by him.
7. When before the award has been rendered upon it has been ascertained that the right of one of the parties to be heard has been violated or that for reasons beyond its control the party has been unable to attend the hearing or to inform the arbitral tribunal of this inability, and when additional evidence or clarifications are necessary for a fair decision of the case, the arbitral tribunal shall summon the parties to a new hearing of the case.
8. The award shall be considered final and shall put an end to the dispute except in those cases referred to in Art. 37, subsection 3.

Content of the award

Art. 39

The award shall contain the following:

1. name of the Court of Arbitration;
2. place and date of making the award;
3. names of the arbitrators;
4. names of the parties and other persons participating in the proceedings;
5. subject matter of the dispute and a brief statement of the circumstances related to the case;
6. the award proper;
7. reasons for the award;
8. signatures of the arbitrators.

Rendering an award

Art. 40

1. The award shall be rendered either immediately upon termination of the proceedings or at a later date which shall not exceed 30 days therefrom.
2. The Chairman of the Court of Arbitration may, if necessary, extend the term specified under the preceding subsection.
3. The award shall be entered into the Book of Awards, which shall be at the disposal of the parties and their representatives.

Copies of the award

Art. 41

1. A copy of the award shall be handed over to each party.
2. If the parties have not previously agreed on the language in which the award is to be made, a translation of the award shall be sent to the party with a seat or domicile abroad, if that is requested by it and at its own expense.
3. Copies and translations shall be certified by the Secretary of the Court with his signature and the seal of the Court of Arbitration.
4. When the translation of the award is to be delayed, the Secretary of Court shall send to the foreign party an extract of the award.
5. Copies of the award shall be sent to the parties after the arbitration expenses have been paid in full to the Court of Arbitration.

Correction and interpretation of the award

Art. 42

1. The arbitral tribunal, at the request of either party or of its own motion, may correct calculation, spelling or other obvious errors in the award. The other party shall be informed by the applicant about the request for corrections, or by the arbitral tribunal when the latter acts of its own motion.
2. Each party, after advising the other, may request from the arbitral tribunal to give an interpretation of the award.
3. The request for the correction or interpretation of the award shall be made within 60 days after the receipt of the award, unless the parties have agreed on another time-limit. When the arbitral tribunal acts of its own motion, it shall make the corrections within 60 days of rendering the award.
4. Before the correction and interpretation of the award, the arbitral tribunal shall hear the parties or shall give them the opportunity to present their written arguments within a time-limit determined by it. Within 30 days of the request, the arbitral tribunal shall decide on the correction and the interpretation of the award. The decision on these issues shall be made according to Art. 38 and Art. 40.
5. The correction of that part of the award regarding arbitration costs shall be made by a ruling in accordance with the requirements of subsections 1, 2 and 3.
6. The correction and interpretation shall become a part of the award.

Additional award

Art. 43

The arbitral tribunal on the request of any of the parties may render an additional award on claims on which it has failed to adjudicate. The party requesting the addition must inform the other party of the request within a 30 day period from the receipt of the award. When the request is grounded, the arbitral tribunal shall render an additional award according to the provisions of Art. 42, subsection 4.

Performance of the award

Art. 44

(1) The award shall be final and binding on the parties. It shall be performed voluntarily.

(2) When a time-limit has not been set by the award, it should be performed immediately.

Termination of the proceedings by a ruling

Art. 45

1. Where no award can be made, the proceedings shall be terminated by a ruling.
2. The proceedings shall be terminated by a ruling in the following cases:

1. when the claimant withdraws his statement of claim;
2. in case of a settlement between the parties under the provisions of Art. 27, subsection 3 of the present Rules;
3. when a precondition necessary for the examination and resolution of the dispute on its merits is missing as well as when due to the inaction of the claimant no proceedings have been undertaken for a period of more than 1 year.

1. When the arbitral tribunal has not been duly composed, the ruling on termination of the proceedings shall be made by the Chairman of the Court of Arbitration.

Keeping files and awards

Art. 46

The Secretariat of the Court shall keep the files of terminated cases for a period of 10 years from the date on which the awards and rulings were rendered. After the expiry of this term, the files shall be destroyed with the exception of the awards and the reasons thereof as well as the settlements which all shall be kept indefinitely.

VII. FEES, COSTS AND INDEX

Arbitration fees and costs

Art. 47

1. The calculation and distribution of the arbitration charges and fees as well as the covering of the expenses of the Court of Arbitration shall be made in accordance with the Tariff on Arbitration Charges and Expenses as well as with the Tariff on Arbitrators’ Fees which shall constitute an integral part of the present Rules.
2. The Secretary of the Court of Arbitration or the arbitral tribunal may oblige the party, requesting the collecting of evidence, to deposit the sum necessary for these proceedings.
3. Proceedings for which no deposit has been made shall not be carried out.
4. The arbitral tribunal shall determine the fees of the interpreters, shorthand secretary, experts and witnesses as well as their daily and travel expenses.

Card-index

Art. 48

1. On instruction of the Chairman of the Court, the secretaries of the Court shall keep a card-index of the awards, in which excerpts of the reasons for the awards representing a matter of principle shall be registered.
2. The card-index shall be available to everyone interested. Copies may be obtained by everyone against payment of a charge.
3. The Chairman of the Court may permit the publication in periodicals or in separate collections of the standpoints taken by the Court in its practice. These publications shall not include the names of the parties and such information that could be detrimental to their interests.

The Chairman of the Court may also leave out other data, the publication of which is deemed as inappropriate.

TARIFF ON THE ARBITRATION CHARGES AND EXPENSES FOR INTERNATIONAL DISPUTES SUBMITTED TO THE COURT OF ARBITRATION AT THE BULGARIAN CHAMBER OF COMMERCE AND INDUSTRY

(In force since March 1st 1993 - Adopted by the Administrative Council of the Bulgarian Chamber of Commerce and Industry with Minutes No. 1 from March 22nd 1991, amended by Minutes No. 4 from April 13th 1992 of the Executive Board of the Bulgarian Chamber of Commerce and Industry and Minutes No. 2 from February 19th 1993)

Paragraph 1

Definition of the terms

1. "An arbitration charge" is the amount intended to cover the overall arbitral proceeding costs including arbitrators’ fees for any dispute examined by the Court.
2. "Expenses of the Court of Arbitration" are the expenses which the Arbitration Court shall make for collection of evidence, for sittings outside the Arbitration Court seat, translations and other proceedings involving individual costs.
3. "Expenses of the Parties" are the costs incurred by the parties for their defence before the Court of Arbitration, other than those stated under subsections 1 and 2.

Paragraph 2

Arbitration charges

1. The Court of Arbitration charges the following arbitration rates, which shall be determined in accordance with the value of the claim, as per the table below:

When the value of the claim cannot be established, the amount of the charge shall be determined by the Chairman of the Court of Arbitration, but it shall not be less than 1,000 USD. When the case is heard by a sole arbitrator the arbitration charge cannot be below 500 USD.

2. Bulgarian enterprises and firms as well as joint ventures with a seat in Bulgaria shall pay the charge in leva regardless of the currency of the claim, applying the rate of exchange for the USD as determined by the Bulgarian National Bank.
3. Foreign enterprises shall pay the charges in USD, regardless of the currency in which the claim has been made, according to the corresponding currency exchange rate fixed by the Bulgarian National Bank on the day when the claim has been filled. Claims brought in transferable rubles shall be deemed as brought in USD.
4. The rules under subsections 2 and 3 shall apply when in the statement claims in different currencies are joined as well as when the claim cannot be assessed in money.
5. Arbitration charges shall be prepaid. In case of payment by bank remittance the charge shall be deemed as paid on the day the order for the remittance has been given to the corresponding bank by the claimant.
6. No proceedings relating to the statement of claim shall be undertaken unless the claimant has paid the administration charge amounting to 500 USD. This sum shall be deducted from the arbitration charges due to be paid.

Paragraph 3

Reduction and partial refunding of the arbitration charges

1. Arbitration charges shall be reduced by 50% when the case is heard by a sole arbitrator.
2. Regardless of the grounds on which the case has been terminated the refundable amount for the claimant shall be as following:
3. The provisions of the preceding subsection shall not apply when the arbitration charges amount to USD 1,000.

1. 75% of the arbitration charges if the case is terminated before the arbitral tribunal has undertaken proceedings on the case;
2. 50% of the arbitration charges if the termination occurs after the arbitral tribunal has undertaken proceedings on the case.

1. The ruling for the partial refunding of the arbitration charges shall be made by the arbitral tribunal and in case it has not been composed, by the Chairman of the Court of Arbitration.

Paragraph 4

Arbitration charges for counter-claims

The same rules which apply to arbitration charges for the principal claim shall apply for the counter-claim and the set-off objection.

Paragraph 5

Deposit for expenses

1. The Court of Arbitration may oblige the interested party to make a deposit for the expenses of the Court.
2. The deposit shall be made in the same currency in which the expenses shall be made.
3. The preceding subsections shall also apply when the arbitrator is a foreigner. The costs incurred by the latter (travelling expenses, daily allowances and expenses for hotel accommodation) shall be deposited by the party having elected the arbitrator regardless of the outcome of the litigation. Should the foreign arbitrator be chairman of the arbitral tribunal the costs of his participation shall be deposited and borne equally by both parties, regardless of the outcome of the litigation.

Paragraph 6

Liability of the parties for arbitration charges and expenses

1. Unless the parties have agreed otherwise, liable for the arbitration charges and the expenses of the Court of Arbitration shall be the party against which the award has been made. When the claim has been granted partially charges and expenses shall be proportionally adjudicable according to the granted and dismissed parts of the claims.
2. The winning party may request that the normal expenses incurred by it for its defence should be adjudicated in its favour. These expenses shall have to be proved by that party before the Court of Arbitration.

TARIFF OF THE ARBITRATION CHARGES AND EXPENSES FOR DOMESTIC CASES SUBMITTED TO THE COURT OF ARBITRATION AT THE BULGARIAN CHAMBER OF COMMERCE AND INDUSTRY

(In force from April 1st 1997 - Adopted by the Administrative Council of the Bulgarian Chamber of Commerce and Industry with Minutes No. 1 of March 22nd 1991, amended with Minutes No. 4 of April 13th 1992 of the Executive Board of BCCI, Minutes No. 25/1-96 of February 1st 1996 of EB of BCCI, Minutes No. 1/4-96 of July 5th 1996 of EB of BCCI, Minutes No. 5/2-97 of March 28th 1997 of EB of BCCI)

Paragraph 1

Definition of the term

1. An "arbitration charge" is the amount intended to cover the overall costs of the Court of Arbitration, including the arbitrators’ fees for any dispute accepted for hearing by the Court of Arbitration.
2. "Expenses of the Court of Arbitration" are the expenses which the Court of Arbitration will make collecting evidence, for sittings held outside the seat of the Court and for other procedural acts required by the case.
3. "Expenses of the parties" are the costs incurred by the parties for their defence before the Court of Arbitration, other than those stated under subsections 1 and 2 above.

Paragraph 2

Arbitration charges

1. Any statement of claim, regardless of the value of the claim shall be charged at the rate of 1 Lev. This charge shall not be refunded but shall be deducted from the arbitration charge paid.
2. The Court of Arbitration shall charge the following arbitration rates which are determined according to the value of the claim, as per the Table below:

When the value of the claim cannot be established, the amount of the charge shall be determined by the Chairman of the Court of Arbitration, but it shall not be less than 8 leva. When the case is heard by a sole arbitrator the arbitration charge cannot be less than 4 leva.

3. Arbitration charges should be prepaid. in case of payment by bank remittance the charge shall be deemed as paid on the day that an order for the remittance has been given to the bank of the claimant.
4. no proceedings relating to the statement of the claim shall be undertaken unless the claimant has paid the administration charge amounting to 1 lev.

Paragraph 3

Reduction and partial refunding of the arbitration charges

1. Arbitration charges shall be reduced by 50% when the case is heard by a sole arbitrator.
2. Regardless of the ground on which the case has been terminated the refundable amount for the claimant shall be as follows:

1. 75% of the arbitration charges if the case is terminated before the arbitral tribunal has undertaken proceedings on the case;
2. 50% of the arbitral charges if the termination occurs after the arbitral tribunal has undertaken proceedings on the case.

1. The provisions of the preceding subsection shall not apply when the arbitration charges paid amount to 1 lev.
2. The ruling for the partial refunding of the arbitration harges shall be made by the arbitral tribunal and in case it has not been composed, by the Chairman of the Court.

Paragraph 4

Arbitration charges for counter-claims

The same rules which apply to arbitration charges for the principal claim shall apply for the counter-claim and the set-off objection.

Paragraph 5

Deposit for expenses

The Court of Arbitration may oblige the interested party to make a deposit for the expenses of the Court.

Paragraph 6

Liability of the parties for the arbitration charges and expenses

1. Unless the parties have agreed otherwise, liable for the arbitration charges and the expenses of the Court of Arbitration shall be the party against which the award has been made. When the claim has been granted partially the charges and expenses shall be proportionally adjudicated according to the granted and dismissed parts of the claim.
2. The winning party may request that the normal expenses incurred by it for its defence should be adjudicated in its favour. These expenses shall have to be proved by that party before the Court of Arbitration.

TARIFF ON THE ARBITRATION CHARGES AND EXPENSES FOR INTERNATIONAL DISPUTES SUBMITTED TO THE COURT