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The advantages of arbitration before civil courts

The advantages of arbitration over civil courts make it an increasingly desirable and more prefered method of resolving disputes these days. In Bulgaria, this method is also available, but it is not well known to the general public and is often accepted with distrust.

What are the main advantages of the arbitration proceedings? Dragomir Zhelyazkov and Natalia Alexandrova - Chairman and Deputy Chairman of the Arbitration Court Sofia:

1. First of all, there can be no doubt the promptitude. Bulgarian courts are generally overwhelmed and this automatically deprives the parties of the possibility of their cases being completed within a reasonable time. When it comes to commercial relations, time means money, and arbitration proceedings can be completed within 6 to 9 months and is one- instance.

2. Arbitration procedure is cheaper. The fee is lower than the fixed fee and is paid only for one instance. The same applies to expert expenses, defense, and so on.

3. Arbitration is confidential. Only parties are involved in the sessions, and only they have access to the case, which allows the good contacts between the parties to be maintained.

4. The parties themselves choose their arbitrators, which increases the credibility and guarantees the right decision.

5. Arbitration decisions are also executed abroad, procedures being relieved by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the European Convention on Foreign Trade Arbitration.

6. Arbitration also offers opportunities that are unthinkable in civil courts. The most important option is the choice of the language to be followed. In addition, the parties may determine how to proceed with the proceeding itself. For example, they can choose to have witnesses not to be heard, and proof to be done only through written evidence.

7. Arbitration decisions are subject to judicial review. They can be appealed before the Supreme Court of Cassation. Who can benefit from arbitration? Arbitration courts resolve civil and commercial disputes, as well as those for filling gaps in contracts or adjusting them to new circumstances. The physical person and legal intitys, parties to the dispute, may have their domicile and headquarters both in Bulgaria and abroad.

 

Arbitrage does not apply to disputes concerning the possession of real estate, employment or property rights disputes.

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