Regulatory Enactment
REGULATORY ENACTMENT
INTERNATIONAL REGULATORY ENACTMENT
New York Convention for Recognition and Execution of Foreign Arbitration Rulings of 1958, ratified by the Republic of Bulgaria in 1961, promulgated in the State Gazette (henceforth S.G.), issue 2 of 08.01.1965.
European Convention for the Foreign Trade Arbitration, ratified by R o Bulgaria in 1964, promulgated in S.G., issue 57 of 1964.
NATIONAL REGULATORY ENACTMENT
CIVIL PROCEDURAL CODE
In effect from 01.03.2008,
Prom. S.G. (State Gazette) issue 59 of 20th July 2007, amended S.G. issue 50 of 30th May 2008.
Arbitration agreement
Art. 19 (1) The parties in a property dispute can agree for it to be settled by an arbitration court, unless subject matter of the dispute are real rights or ownership of real estate, livelihood or employment relationship.
(2) The Arbitration can have its head-office abroad, if one of the parties’ usual place of abode, head-office or the place of its actual administration according to its constitution act are based abroad.
Part Five
EXECUTORY PROCEEDINGS
Section One
GENERAL PROVISIONS
Chapter Thirty-six
ISSUE OF WRIT OF EXECUTION
Execution grounds
Art. 404. Subjected to forceful execution are:
§ (Supplement – SG, issue 8 from 2017) Effective decisions and rulings of courts, guilty verdicts of courts of appeal, execution warrants, legal conciliatory records, liable rulings and execution warrants for which preliminary or immediate execution is allowed, as well as the rulings of the arbitration courts and the agreements in arbitration cases thereby concluded;
§ Rulings, acts and legal conciliatory records of foreign courts, liable for execution on the territory of the Republic of Bulgaria without express proceedings;
§ Rulings, acts and legal conciliatory records of foreign courts, as well as rulings of foreign arbitration courts and agreements in arbitration cases thereby concluded, for which execution on the territory of the Republic of Bulgaria is allowed.
PROCEEDINGS FOR ISSUE OF WRIT OF EXECUTION
Art. 405. (1) Writ of Execution is issued upon written application based on one of the acts listed in Art. 404. Copy of the application shall not be given to the liable party.
(2) The application based on the acts in art. 404, p. 1, is submitted to the court of first instance that has heard the case, or to the court that has issued the execution warrant; when the act is liable to immediate execution, to the court that has issued the ruling or the execution warrant.
(3) (Amended, SG Issue 8 from 2017) The application based of the rulings of the local arbitration courts and the agreements in arbitration cases concluded before these courts, is submitted to the country Court, in the area where are located the debtor’s permanent address or headquarters.
(4) The court of admittance of the execution issues a writ of execution on the basis of the acts listed in art. 404, p. 2-3. The writ of execution, issued on the basis of the acts in art. 404, p.3, is not handed to the creditor before the ruling of the admittance of the execution takes effect.
(5) (New, SG issue 8 from 2017) The court shall refuse to issue a writ of execution on the grounds of nullity decisions within the meaning of Art. 47, para. 2 of the International Commercial Arbitration Act.
(6) (Previous Paragraph 5, SG, issue 8 from 2017). For the amounts awarded in a favour of the State, the court shall issue a writ of execution on the principle of ex officio.
(7) (Previous paragraph 6 - SG, Issue 8 from 2017). The application on the basis of the acts under Art. 404, item 1 shall be considered within a 7-day term in a closed session by a judge in the respective court.
International Trade Arbitration Act
State Gazette, issue 60 from 5.08.1988, amended and supplemented, issue 93 from 2.11.1993, amended, issue 59 from 26.05.1998, amend. and suppl., issue 38 from 17.04.2001, issue 46 from 7.05.2002; Ruling No 9 from 24.10.2002 of the Constitutional Court of RB – issue 102 from 1.11.2002; amend., issue 59 from 20.07.2007, as effective from 1.03.2008.
Published SG, issue 60 from 5 August 1988, amended SG, issue 93 from 2 November 1993, amended SG, issue 59 from 26 May 1998, Amended SG, Issue 38 from 17 April 2001, amend. SG, Issue 46 from 7 May 2002, amend. SG issue 102 from 1 November 2002, Am. SG, Issue 59 from 20 July 2007, amend. and suppl. SG, issue 8 of 24 January 2017.
Chapter One
GENERAL PROVISIONS
Art. 1 (1) (Amended – S.G., issue 93 from 1993). This law is applicable to the international trade arbitration, based on arbitration agreement, when the place of the arbitration is on the territory of the Republic of Bulgaria.
(2) (Amended – S.G., issue 93 from 1993). The international trade arbitration settles civil and property disputes, arisen from international trade relations, as well as disputes over filling gaps in a contract or its adjustment to newly arisen circumstances, if the place of residence and the head-office of at least one of the parties is not the Republic of Bulgaria.
Art. 2 (Amended – S.G., issue 93 from 1993, rescinded., issue 38 from 2001)
Art. 3 Party in an international trade arbitration can be a state or a state institution.
Art. 4. The arbitration can be a permanent institution or instituted for the settlement of a specific dispute.
Art. 5. A party that is aware of the fact that a non-mandatory provision of this law or a requirement stipulated by the arbitration agreement have not been observed, and nevertheless continues to participate in the arbitration proceedings, while not objecting immediately or within the stipulated deadline, may not make reference to the infringement.
Art. 6. Judicial acts related to the arbitration proceedings are only admissible in the cases stated in this law.
Chapter Two
ARBITRATION AGREEMENT
Art. 7. (1) Arbitration agreement is the consent of all parties to brief a case to the arbitration for the settlement of all or some of the disputes that can arise or have arisen among them regarding certain contract or out-of-contract legal relation. This can be an arbitration clause in another contract or a separate agreement.
(2) The arbitration agreement must be in writing. It is considered that the agreement is in writing if it is in a document undersigned by the parties, or as an exchange of telexes, telegrams or other means of communication.
(3) (Suppl., SG, Issue 8 from 2017) An arbitration agreement shall be also deemed to exist when the defendant, in writing or by an application, noted in the minutes of the arbitration meeting, agrees that the dispute shall be dealt with by the arbitration body or when it participates in the arbitration proceedings by filing a written response, presenting evidence, presenting a counterclaim or appearing in an arbitration hearing without disputing the jurisdiction of the arbitration.
Art. 8 (1) (Amend. – S.G., issue 59 from 2007) A court with which a claim over a dispute – subject of arbitration agreement – has been filed, must suspend the case, if the party makes a reference to it within the deadline fixed for the reply to the statement of claim. If the court finds that the arbitration agreement is null and void, has lost its validity or is not enforceable, the case is suspended.
(2) The arbitration proceedings can be initiated or continued and a resulting ruling can be enacted, even if there is a pending case over the same dispute with a foreign local court.
Art. 9. Each of the parties to the arbitration agreement can ask before or during the arbitration proceedings for assurance of the claim or the proofs.
Art. 10. The provisions of art.8, par.1, and of art.9 are also applicable when the arbitration agreement stipulates arbitration in a different country.
Chapter Three
FORMATION OF THE ARBITRATION COURT
Art. 11. (1) The arbitration court can consist of one or more arbitrators, and their number is determined by the parties. When the parties have not decided on the number of the arbitrators, the latter must be three.
(2) (Amend. – S.G., issue 93 from 1993) A person who is not a citizen of the Republic of Bulgaria can also be an arbitrator.
(3) (New – SG, Issue 8 from 2017) The arbitrator may be a capable major citizen who has not been convicted of an intentional crime of a general nature, it has a university degree, it has at least 8 years of professional experience and possesses high moral qualities.
Art. 12. (1) The parties can negotiate the procedure of formation of the arbitration court.
(2) In the case of absence of agreement on the procedure:
1. – if the arbitration court consists of three arbitrators, each of the parties appoints one arbitrator, and the two arbitrators appoint the third.
2. – if the party does not appoint an arbitrator in 30 days from reception of the request of the other party for this appointment, or if the two arbitrators do not reach agreement about the third arbitrator within 30 days, the Chair of the Bulgarian Chamber of Commerce and Industry appoints an arbitrator in response to the request of one or the parties.
3. – if the arbitration court consists of one arbitrator and the parties cannot agree on him/her, he/she is appointed by the authorities under the previous point at the request of one of the parties.
(3) While appointing the arbitrator, the Chair of the Bulgarian Chamber of Commerce and Industry ought to take into consideration his/her qualification, specified by the agreement of the parties, as well as all circumstances that assure the appointment of an independent and impartial arbitrator.
(4) The decision of the Chair of the Bulgarian Chamber of Commerce and Industry by par. 2 and 3 is final.
Art. 13. If a person is offered the post of an arbitrator, he/she ought to indicate all circumstances that can cast a doubt regarding his/her impartiality or independence. The arbitrator has this duty after his/her appointment as well.
Art. 14. (1) Disqualification of an arbitrator can only be done if there are circumstances pointing at justified doubts regarding his/her impartiality or independence, or if he/she does not possess the necessary qualifications stipulated by the parties.
(2) The party can remove an arbitrator for whose appointment it is either fully or partly responsible, only based on reasons that were made known to it after the appointment.
Art. 15 (1) The parties can stipulate the procedure for a disqualification. They cannot exclude the application of art. 16.
(2) In the case of absence of agreement a disqualification of an arbitrator can take place no later than 15 days after the party has been notified about the formation of the arbitration court or after circumstances have been brought to its knowledge that give justification for the disqualification.
(3) The request for a disqualification should be made in writing to the arbitration court while indicating the reasons for it.
(4) The arbitration court delivers a judgement on the disqualification unless the arbitrator resigns from his/her role or the other party agrees with the disqualification.
Art. 16. (amend. – S.G., issue 38 from 2001) (1) (amend. – S.G., issue 59 from 2007, issue 59 from 2007, effective as from 01.03.2008) If the arbitration court does not accept the disqualification, within 7 days from notification the party that requested the disqualification can request from Sofia City Court to deliver a judgement on it. Sofia City Court examines the complaint as by the procedure in chapter twenty-one “Appeal of judgements” of the Civil Procedural Code and its ruling is final.
(2) The arbitration court can continue to examine the case and deliver a ruling on it in spite of the disqualification and the complaint as by par.1.
Art. 17. (1) When the arbitrator is not able to fulfill his/her duties or remains inactive for no good reason, he/she is divested of authority.
(2) (amend. – S.G., issue 59 of 1998) If in the cases under the previous paragraph the arbitrator does not resign out of his/her own free will or the parties do not reach an agreement for the arbitrator’s dismissal, each party can request from Sofia City Court to deliver a ruling of dismissal. The ruling of the court is final.
Art. 18. When the arbitrator has been divested of authority, another arbitrator is appointed following the same procedure as the dismissed arbitrator is appointed.
Chapter Four
COMPETENCE OF THE ARBITRATION COURT
Art. 19. (1) The arbitration court delivers a ruling regarding its own competence also when this is questioned on the basis of non-existence or nullity of the arbitration agreement.
(2) The arbitration agreement, included in a contract, is independent of the contract’s other stipulations. The nullity of the contract does not in itself imply nullity of the arbitration agreement within.
Art. 20. (1) The objection that the arbitration court is not competent ought to be made together with the reply to the statement of claim at the latest. It can also be made by the party that appointed or took part in the appointment of an arbitrator.
(2) When a question is asked that is beyond the competence of the arbitration court, the objection about incompetence should be made immediately.
(3) The arbitration court can accept an objection about incompetence made even later, if there are valid reasons.
(4) Regarding the objection as by the previous paragraphs, the arbitration court delivers a general order or decision on the case.
Art. 21. If the parties have not stipulated otherwise, in response to the request by the one party the arbitration court can bind over the other party to take appropriate measures for the assurance of the plaintiff’s rights. While allowing these measures, the arbitration court can stipulate a guarantee that the plaintiff ought to produce.
Chapter Five
EXAMINATION OF AN ARBITRATION CASE
Art. 22 The parties in the arbitration proceedings are equal. The arbitration court gives each one of them the opportunity to defend its own rights.
Art. 23. The arbitration proceedings start on the day when the defendant has received the request that the dispute should be taken to arbitration, unless the parties have otherwise agreed.
Art. 24. The parties can agree on the procedure that the arbitration court should adhere to while hearing the case. In the case of absence of agreement, the arbitration court examines the case in a manner that it considers appropriate. In both cases he/she ought to give each of the parties the opportunity to defend their rights.
Art. 25. The parties can agree on the location where the arbitration case should be heard. In the case of an absence of agreement, the location is determined by the arbitration court taking into account the circumstances of the case and the parties’ convenience.
Art. 26. The parties can agree on the language or languages that will be used during the arbitration proceedings. In case of absence of agreement, the language or languages are determined by the arbitration court. It can rule that every written proof be accompanied by a translation in the language or languages stipulated by the parties or determined by the arbitration court.
Art. 27 (1) In the statement of claim, the names and addresses of the parties should be indicated, as well as the circumstances upon which the claim is made, what the claim consists of, and in the written reply of the defendant – his/her opinion/s on those.
(2) Statement of claim and the reply can be produced within a time frame stipulated by the parties or determined by the arbitration court.
(3) Together with a statement of claim and the reply, the parties produce written proof and indicate other proofs that they will present.
Art. 28. The defendant can tender a counter claim no later than together with the reply to the statement of claim.
Art. 29. Each party is allowed to amend or supplement their claim or objection during the arbitration proceedings unless it has been agreed otherwise. The arbitration court may not accept the requested change, if it finds that the change would cause considerable difficulties for the other party.
Art. 30. The parties can agree for the case to be decided only based on written proof and opinions without the former being summoned to court. The arbitration court may set down a hearing with the parties’ participation if this is necessary for the just outcome of the case.
Art. 31 (1) The parties must be notified in due time about the arbitration meeting or the inspection and check of documents, merchandise or other items carried out by the arbitration court.
(2) (New, SG, issue 8 from 2017) Each Party shall be given the opportunity to examine the case also remotely, including by the website of the arbitration tribunal.
(3) (Previous Paragraph 2 - SG, issue 8 from 2017) Written evidence and opinions, as well as the expert's findings, should be forwarded promptly to the parties
Art. 32 (1) When the head-office, place of residence, usual residence or address of the receiver cannot be found after a thorough search, the notification is considered received if it is sent to his/her last known head-office, place of residence, usual residence or address with registered mail or whichever other means that certifies to the intentions for it to be delivered.
(2) The notification is considered submitted also when the receiver has refused or has not appeared in the post office to receive it, if the latter can prove this.
Art. 33. The arbitration court dismisses the proceedings if the claimer does not submit the statement of claim within the time limit agreed upon by the parties or set by itself. This ordinance is not applicable if the omission is due to a justifiable cause.
Art. 34. The arbitration court hears the case also in the case where the defendant does not submit a reply to the claim. Non-submission of a reply is not considered acceptance of the claim.
Art. 35. The arbitration court continues the proceedings and issues rulings based on the proofs even if one of the parties or both of them do not appear in court for the session.
Art. 36. (1) The arbitration court can appoint one or more expert witnesses in order for them to produce a conclusion for the clarification of some questions for which special knowledge is required. He/she can order the parties to provide the expert witnesses with the necessary information or to make documents, merchandise or other items accessible for inspection when this is necessary for the delivery of the conclusion.
(2) On demand by each of the parties or on its own initiative and after having presented its conclusion, the arbitration court can bind over the expert witness to take part in a session in order for the latter to give clarifications. On demand of the parties other expert witnesses can be appointed in order to present conclusions on the disputed matter.
Art. 37. The arbitration court or the interested party, with its approval, can request from the competent court to collect some proofs necessary for the case. The court is obliged to fulfill this request as by the provisions of the Civil Procedural Code.
Chapter Six
PRONOUNCEMENT OF JUDGEMENT AND DISCONTINUATION OF PROCEEDINGS
Art. 38 (1) The arbitration court settles the dispute by application of the law chosen by the parties. If not agreed otherwise, the choice of law refers to the substance law and not to the collision norms.
(2) If the parties have not indicated the applicable law, the arbitration court applies the law determined in the collision norms that it considers applicable.
(3) In all cases the arbitration court applies the conditions of the contract and takes into consideration the usual practices in trade.
(4) The arbitration decision is final and brings the dispute to an end.
Art. 39 (1) When the arbitrators are more than one, the ruling is passed with a majority, unless the parties have agreed otherwise. The arbitrator who does not agree with the ruling presents in writing his dissenting opinion.
(2) If a majority cannot be formed, the ruling is delivered by the Chief arbitrator.
Art. 40 If the parties conclude an agreement, the case is dropped. They can ask the arbitrary court to reproduce the agreement as an arbitration ruling under conditions agreed upon. This ruling has the force of a decision concerning the subject matter of the case.
Art. 41 (1) The decision must be motivated unless the parties have agreed otherwise or it has been delivered according to an agreement on stipulated conditions. It has to state the date and place of the arbitration.
(2) The decision is undersigned by the arbitrator or arbitrators. In the case of arbitration proceedings with more than one arbitrator, the signatures of the majority of the members of the arbitration court are sufficient, if the undersigned have indicated the reasons for the missing signature.
(3) (suppl. – S.G., issue 93 from 1993) The ruling, signed by the arbitrators, is sent to the parties. It is considered pronounced when delivered to the one party. Upon its submission it takes effect, becomes binding for the parties and is subject to compulsory execution.
Art. 42 The arbitration court discontinues the case with a general order when:
§ The claimant withdraws his/her claim unless the defendant objects and the arbitration court finds that the defendant has a legitimate interest in the delivery of a decision;
§ The parties agree for the proceedings to be discontinued;
§ The arbitration court finds that there is another hindrance for the hearing of the case upon its merits;
Art. 43 (1) At each of the parties’ demand or on its own initiative the arbitration court can amend its decision regarding calculation, writing out or another obvious factual error that it has made. The other party is informed about the requested amendment by the supplicant or the arbitration court if the latter is acting on its own initiative.
(2) Each of the parties, after having notified the other, can request from the arbitration court an interpretation of the decision.
(3) The request for an amendment or interpretation must be made within 60 days from reception of the decision unless the parties have agreed a different timeframe. When the arbitration court makes the amendment on its own initiative, it does so within 60 days from the pronouncement of the decision.
(4) Concerning the amendment and the interpretation of the decision the arbitration court hears the parties or gives them the opportunity to produce their written opinions within the time limit fixed by it. The court delivers the amendment or interpretation within 30 days from the request. The decision concerning these issues is delivered as by art.39 and 41. The amendment and interpretation become part and parcel of the decision.
Art. 44 On demand by the parties the arbitration court can deliver an additional decision on calls that it has not addressed. The party requesting the addition must notify the other party about the request within 30 days from reception of the decision. When the request is justified the arbitration court delivers an additional decision within 60 days in observance of the provisions of art.43, par.4.
Art. 45. The arbitration court can extend the time for the amendment, interpretation or addition of the decision.
Art. 46. The enabling power or the arbitration court expires with the conclusion of the arbitration proceedings except for the cases described in art.43 and 44.
Art. 46a. (New – SG, issue 8 from 2017) Each arbitral tribunal shall keep an archive where the completed cases shall be kept for 10 years from the end of the proceedings. Upon expiring of this period, only the decisions and the reasons for them, as well as the agreements concluded, shall be kept.
Chapter Seven
ABOLITION, ACKNOLEDGEMENT AND ADMITTANCE OF COMPULSORY EXECUTION OF THE ARBITRATION DECISION
Art. 47 (1) (amend. – S.G., issue 46 from 2002, previous text of art. 47 – S.G., Issue 8 from 2017).
The arbitration decision can be abolished by the Supreme Cassation Court if the party requesting the abolition proves one of the following grounds:
1. It has been incapacitated during the conclusion of the arbitration agreement;
2. The arbitration agreement has not been concluded or is null and void according to the law chosen by the parties, and in the case of absence of choice – by this same law;
3. (rejected – S.G., issue 8 from 2017)
4. It has not been duly notified about the appointment of an arbitrator or about the arbitration proceedings, or for reasons beyond its power it has not been able to participate in the proceedings;
5. The decision settles a dispute that has not been foreseen in the arbitration agreement or includes pronouncement on issues outside the subject matter of the dispute;
6. The formation of the arbitration court or the arbitration procedure has not been done in conformity with the agreement between the parties except if it contradicts imperative provisions of this law; if an agreement is absent – when the provisions of this law have not been applied.
(2) (New, SG, issue 8 from 2017) The arbitral rendered awards under the disputes, the object of which shall not be solved by arbitration, shall be deemed null and void.
Art. 48 (1) A claim for an abolition can be filed within 3 months from the day on which the claimant has received the decision. When a request has been made for an amendment, interpretation or addition to the decision, the time calculation starts from the day the arbitration court has pronounced a judgement on the claim.
(2) (amend. – S.G., issue59 from 1998, issue38 from 2001, issue46 from 2002). Suspension of the execution of the arbitration decision as a security measure on claims under art.47 is only admitted by the Supreme Cassation Court upon production of an assurance at the rate of the interest in the abolition of the arbitration decision.
(3) (New, SG, issue 93 from 1993, cancelled – SG, issue 38 from 2001, new – SG, issue 46 from 2002, amended, SG, issue 59 from 2007, effective as from 01.03.2008). The amount of the state fee for consideration of claims under Art. 47 of this Act shall be determined in accordance with Art. 71 of the Civil Code of Practice.
Art. 49. Art. (New – SG, issue 38 from 2001, amended – SG, issue 8/2017) If the state court with an enforced decision revokes the arbitral award on any of the grounds under Art. 47, para. 1, items 1 and 2, the interested party may bring a claim before the competent state court, and when the arbitration award is revoked on one of the grounds under Art. 47, para. 1, items 4, 5 and 6, the state court shall return the case to the arbitral tribunal for reconsideration. Each party may request that the case be heard by other arbitrators.
Art. 50 (resc. – S.G., issue 93 from 1993)
Art. 51 (Amended, SG, issue 93/1993) (1) (Amended, SG, issue 8/2017).The district court, in the area of which the debtor's permanent address or headquarters is located, shall issue writ of execution under an application by the party concerned based on the arbitration award enforceable. To the application shall be enclosed the arbitration award and the evidence that it has been given to the debtor under the execution.
(2) The international contracts concluded by the Republic of Bulgaria are applied for the acknowledgement and execution of a foreign arbitration decision.
(3) (New, SG, issue 38/2001, amended, SG, issue 59/2007, in force since 01.03.2008) The claims for recognition and admission of the execution the decisions of the foreign arbitration tribunals and for the concluded before them agreements under arbitral cases shall be claimed, unless otherwise provided in an international agreement, under which the Republic of Bulgaria is a party, before the Sofia City Court, and shall be subject to Art. 118-122 of the Code of Private International Law, with the exception of the debtor's right to make a claim for repayment of the claim.
Chapter eight
ADMINISTRATIVE AND PUNITIVE RESPONSIBILITY (NEW, SG, issue 8/2017)
Art. 52. (new – SG, issue 8/2017) (1) The Minister of Justice shall exercise control for the observance of this law by the arbitral tribunals and the arbitrators by the Inspectorate to the Minister of Justice under the Judicial System Act.
(2) The control shall be exercised by an inspection, which shall be assigned by an order of the Minister of Justice ex officio or on the occasion of a signal or complaint of an interested person. The order shall specify the arbitral tribunal, respectively the arbitrators subject to control, the inspectors assigned to the control, the period for performance the inspection and the period covered by the inspection, as well as other circumstances.
(3) The chairman of the arbitral tribunal shall ensure free access to the office premises and to the official archives for the performance of the inspection by the Minister of Justice.
(4) The Minutes shall be drawn up for the findings of the inspection.
(5) The Minister of Justice may issue mandatory instructions to the arbitration tribunal and the arbitrators with period for elimination of the provisions under this Act.
Art. 53. (new – SG, issue 8/2017) (1) An arbitrator who pronounces a decision on a dispute in which one of the parties is a consumer within the meaning of § 13, item 1 of the Supplementary Provisions of the Law for Protection of consumers, shall be imposed by a fine from 500 to 2500 BGN. A legal entity who commits the offense under sentence one shall be subject to a property fine amounting to 5,000 BGN.
(2) Upon a repeated violation, the fine or the property fine shall be in a triple amount.
(3) An arbitrator or a legal entity who fails to comply with the mandatory instructions under Art. 52, para. 5, shall be liable to a fine or a pecuniary sanction of 2,500 BGN.
Art. 54. (New, SG, issue 8/2017) (1) The act for establishing an administrative violation under Art. 53 shall be drawn up by the inspectors under Art. 52, para. 2, and the penalty decree shall be issued by the Minister of Justice.
(2) The acts of establishing the violations shall be drawn up and the penal decrees shall be issued, appealed and executed under the conditions and by the order of the Administrative Violations and Penalties Act.
ADDITIONAL PROVISION
§ 1. (new – S.G., issue 93 from 1993) In art. 1, par. 1 and 2, art. 11, par. 2, art. 47, par. 2, art. 49, par. 2 and art. 50, par. 2 the words “People’s republic of Bulgaria” are replaced by “Republic of Bulgaria”
TRANSITORY AND CLOSING PROVISIONS
(Title amend. – S.G. issue 93 from 1993)
& 2. (former & 1, amend. – S.G., issue 93 from 1993). In the Civil Procedural Code (promulg., Izvestiya – proceeding newspaper, issue 12 from 1952, amend. and suppl., issue 92 from 1952, issue 89 from 1953, issue 90 from 1955, issue 90 from 1956, issue 90 from 1958, issue 50 and 90 from 1961, corr., issue 99 from 1961, amend. and suppl., S.G., issue 1 from 1963, issue 23 from 1968, issue 27 from 1973, issue 89 from 1976, issue 36 from 1979, issue 28 from 1983, issue 41 from 1985, issue 27 from 1986, issue 55 from 1987, issue 60 from 1988, issue 31 and 38 from 1989, issue 31 from 1990, issue 62 from 1991, issue 61 from 1993) in art. 237, letter “a” and art. 242, par. 2 the words “The arbitration court under the Bulgarian Chamber of Commerce and Industry and the agreements therefore concluded, when the arbitration is compulsory” are replaced with “the arbitration courts and the agreements on arbitration cases therefore concluded”.
& 3 (new – S.G., issue 93 from 1993) (1) (amend. and suppl. – S.G., issue 38 from 2001) This law is also applied for arbitration between parties with place of residence or head-office in the Republic of Bulgaria except for art. 1, par.2, art.10, par.11, par.2 (except when a party to a dispute is an enterprise with predominantly foreign participation), art.26 and the words “according to the law chosen by the parties, and in the case of absence of choice” from art.47, par.1, p.2.
(2) On disputes that do not result from commercial transactions, the appointing authority as by art. 12 is the Sofia City Court.
(3) In the cases of arbitration between parties with place of residence or head-office in the Republic of Bulgaria the provisions of art. 38, par. 1 and 2 are applied only if the relationship of dispute includes such an international component that according to the Bulgarian international private law entails application of a foreign law.
& 4. (new – S.G., issue 93 from 1993). In the case of pending arbitration cases in the established state of affairs this law is to be applied. It is also applied to the arbitration decisions, delivered before its existence, if they have not yet been executed but the time limit for the claim of abolition of these decisions, foreseen in art. 48, par. 1 begins on the day of this law coming into effect.
& 5. (new – S.G., issue 93 from 1993) Article 98 from Decree No56 for economic activities (promulgated, S.G., issue 4 from 1989, issue 16 from 1989, amend. and suppl., issue 38, 39 and 62 from 1989, issue 21, 31 and 101 from 1990, issue 15 and 23 from 1991, corr., issue 25 from 1991, amend., issue 47, 48 and 62 from 1991, issue 60 from 1992, issue 84 from 1993) is abolished.
& 6. (former & 2, amend. – S.G., issue 93 from 1993). The Minister of Justice is entrusted with the implementation of the law.
TRANSITORY PROVISIONS
under the Law for amendment and supplementation of the Law for the international trade arbitration
(Published - SG, Issue 46/ 2002, amended – SG, issue 102 /2002)
§ 3. (1) (Declared as unconstitutional in the part ‘Abolishes the protective measures imposed’ by RCC No 9/ 2002, SG, issue 102/2002). The Articles 47 and 48 shall be also applied to the initiated proceedings for annulment of the Arbitration decisions. In such cases, the Sofia City Court shall terminate the proceedings before it, revoke the precautionary measures imposed and send the case to the Supreme Court of Cassation within two weeks from the entry into force of this Act.
(2) When under the existing proceedings under Art. 47 it has been enacted a court decision by a court of first instance or second instance, the proceedings continue under the existing procedure.
Transitory and Closing Provisions
TO THE CIVIL CODE OF PRACTICE
(Published - SG, issue 59/ 2007, effective as from 01.03.2008)
§ 61. The Code shall enter into force on 1 March 2008, with the exception of:
1. Part seventh ‘Special rules on proceedings in civil cases under the law of the European Union’;
2. Paragraph 2, para. 4;
3. Paragraph 3 concerning the annulment of Chapter thirty-second "a" ‘Special Rules for the Recognition and Admission of Enforcement of Judgments of Foreign Courts and Other Foreign Authorities’ with Art. 307a – 307д and Part Seven ‘Proceedings for return of a child or for exercising the right of personal relations’ with Art. 502-507;
4. Paragraph 4, para. 2;
5. Paragraph 24;
6. Paragraph 60,
Which shall enter into force three days after the Code publishing in the State Gazette.