RULES OF THE ARBITRATION COURT at the Non-Profit Association “Legal Aid and Mediation”

I. GENERAL PROVISIONS

 

II. CLAIM AND RESPONSE TO THE CLAIM

 

III. DOCUMENTS, NOTICES AND SERVICE

 

IV. DECIDING BODY

 

V. HEARING OF THE CASE

 

VI. COMPLETION OF THE PROCEEDINGS

 

VII. ACCELERATED PROCEEDINGS

 

VIII. FEES, COSTS AND REGISTER

 

I. GENERAL PROVISIONS

 

Arbitration Court

 

Article 1.

 

(1) The Arbitration Court is a permanent arbitral institution with seats in the cities of Sofia, Varna and Veliko Tarnovo, established under the Non-Profit Association “Legal Aid and Mediation”. The organisation of the Arbitration Court and the status of the arbitrators are determined by the Statute of the Arbitration Court.

 

(2) The Arbitration Court resolves civil and commercial pecuniary disputes, as well as disputes concerning the filling of gaps in a contract or its adaptation to newly arisen circumstances, between parties that are natural or legal persons, whether domiciled or seated in the Republic of Bulgaria or abroad. The Arbitration Court does not resolve the disputes referred to in Article 19(1) of the Civil Procedure Code.

 

Grounds for the Jurisdiction of the Arbitration Court

 

Article 2.

 

(1) The Arbitration Court examines the disputes under Article 1(2) if they have been submitted to it by an arbitration agreement or by an arbitration clause in a contract.

 

(2) The arbitration agreement must be in writing. The agreement is also in writing when it is contained in letters, telegrams or other written means of communication exchanged between the parties, or in general terms and conditions to which a written contract concluded between the parties refers. An arbitration agreement shall also be deemed to exist where the respondent accepts in writing or by a statement recorded in the minutes of the arbitration hearing that the dispute be examined by the arbitration, as well as where the respondent files a counterclaim or a set-off defence. The same shall apply where the respondent participates in the arbitration proceedings by filing a written response, presenting evidence or appearing at an arbitration hearing without challenging the jurisdiction of the arbitration.

 

(3) A written arbitration agreement shall also be deemed to exist where the claimant brings an action before the Arbitration Court and the respondent accepts in writing or by a statement recorded in the minutes of the arbitration hearing that the dispute be examined by the Arbitration Court, as well as where the respondent files a counterclaim or a set-off defence.

 

(4) A written arbitration agreement shall also be deemed to exist where the claimant brings an action before the Arbitration Court and the respondent participates in the arbitration proceedings by filing a written response, presenting evidence or appearing at an arbitration hearing without challenging the jurisdiction of the arbitration.

 

(5) Paragraph 4 shall not apply where the respondent is a natural person, with the exception of a person who is a party to the dispute in his or her capacity as a sole trader, entrepreneur, partner or shareholder, manager or member of a management body of a company, or procurator, as well as a person who has assumed an obligation or provided security for an obligation of a trader or entrepreneur that is the subject of the dispute.

 

Applicable Procedural Rules

 

Article 3.

 

(1) The parties’ agreement to submit the dispute to the Arbitration Court also means acceptance of these Rules.

 

(2) On matters not regulated by these Rules or by the Arbitration Act, the arbitrators shall proceed according to their reasonable discretion, guided by the nature of the arbitration and the subject-matter of the dispute.

 

(3) In cases based on an arbitration agreement, the rules of these Rules that are in force at the commencement of the arbitration proceedings shall apply, unless both parties request the application of the rules that were in force at the conclusion of the arbitration agreement or that entered into force after the commencement of the arbitration proceedings.

 

II. CLAIM AND RESPONSE TO THE CLAIM

 

Filing of a Claim

 

Article 4.

 

(1) The arbitration proceedings commence with the filing of a statement of claim with the Arbitration Court.

 

(2) The statement of claim shall be deemed filed on the day on which it is received at the Secretariat of the Arbitration Court; if sent by post – on the day marked with the stamp of the post office at the place of dispatch.

 

(3) The statement of claim may also be filed electronically and shall be deemed filed on the day of its receipt at the officially announced e-mail address of the Arbitration Court.

 

(4) After electronic filing of the statement of claim, the claimant shall receive by e-mail a unique code for electronic access to the arbitration case file.

 

Content of the Statement of Claim

 

Article 5.

 

(1) The statement of claim must contain:

 

1. the full names of the parties;

 

2. the addresses of the parties, telephone, telefax and electronic address;

 

3. the value of the claim;

 

4. a statement of the circumstances on which the claim is based;

 

5. the relief sought;

 

6. the name of the arbitrator and his or her substitute, or a request that they be appointed by the President of the Arbitration Court;

 

7. a list of the documents attached to the statement of claim;

 

8. the signature of the claimant.

 

(2) In the statement of claim the claimant is obliged to indicate all evidence, as well as the requests for its collection, and to present the written evidence of the circumstances on which the claim is based.

 

(3) The following must be attached to the statement of claim:

 

1. the arbitration agreement, where the jurisdiction of the Arbitration Court is not based on a contract;

 

2. a document evidencing payment of the arbitration fee and the deposit for costs;

 

3. copies of the statement of claim and of the written evidence according to the number of respondents.

 

(4) When the statement of claim is filed electronically, the claimant shall not attach copies of the statement of claim and of the written evidence according to the number of respondents.

 

Value of the Claim. Determination of the Arbitration Fee

 

Article 6.

 

(1) The value of the claim shall be determined:

 

1. in claims for monetary receivables – by the amount of the sum claimed;

 

2. in claims for delivery of immovable property – on the tax assessment value or, where there is none, on the market value; in claims for delivery of movable property – on their value;

 

3. in claims for the establishment of the existence or the transformation of legal relationships – on the value of the contract at the time of filing of the statement of claim; in open-ended lease contracts – on the rent for one year;

 

4. in claims for periodic payments for a definite period – on the sum of all payments; for an indefinite period – on the sum of the payments for three years.

 

(2) The value of the claim shall be indicated by the claimant in the statement of claim. Where several claims are brought by the same statement of claim, the value of each claim must be indicated separately.

 

(3) When raising a set-off defence, the respondent is obliged to indicate the value of his or her claim in accordance with the rules of paragraphs 1 and 2.

 

(4) If the claimant has not determined or has incorrectly determined the value of the claim, or where it cannot be determined precisely, the President of the Arbitration Court shall, of his or her own motion or at the request of the respondent, determine the value of the claim on the basis of the available data.

 

(5) If in the course of the examination of the case it is established that the value of the claim was not determined in accordance with the rules of the preceding paragraphs, the Deciding Body shall determine the value of the claim finally.

 

(6) The above rules shall also apply to the determination of the value of a set-off defence.

 

(7) The claimant shall pay an arbitration fee determined on the basis of the aggregate value of all claims brought, and the respondent shall pay an arbitration fee determined on the basis of the value of the counterclaims and set-off defences brought.

 

Preliminary Examination of the Jurisdiction of the Arbitration Court

 

Article 7.

 

(1) If the claimant does not rely on an arbitration agreement in the statement of claim, he or she has the right to state in writing that he or she wishes a copy of the statement of claim to be served on the respondent.

 

(2) In the hypothesis of paragraph 1, and if the respondent does not challenge the jurisdiction of the Arbitration Court under the procedure of Article 2(3) and (4), the claimant shall be sent a notice for payment of the arbitration fee due and of the deposit for costs determined.

 

Remedying Deficiencies of the Statement of Claim

 

Article 8.

 

(1) If the statement of claim does not meet the requirements of Article 5(1) or the annexes under Article 5(3), items 3 and 4 have not been presented, the Secretariat of the Court shall give the claimant a seven-day period for domestic cases and a fourteen-day period for international cases, counted from the day of receipt of the notice, to remedy the deficiencies. Until the deficiencies are remedied the case shall remain without progress.

 

(2) If the claimant fails to remedy the deficiencies within the stated periods, the statement of claim shall be returned to the claimant by an order of the President of the Arbitration Court.

 

Response to the Statement of Claim

 

Article 9.

 

(1) After receipt of the statement of claim and payment of the arbitration fee and the deposit for costs, the Secretariat of the Court shall notify the respondent thereof by sending him or her a copy of the statement of claim with its annexes, as well as the list of arbitrators.

 

(2) At the same time the Secretariat shall notify the respondent that within a period of 14 days from receipt of a copy of the statement of claim he or she may pay the sum claimed, as well as file a written response which shall contain a position on the jurisdiction of the Arbitration Court, the admissibility and the merits of the claim, a position on the circumstances on which the claim is based, defences against the claim and the circumstances on which they are based, and shall indicate his or her evidence and the specific circumstances that will be proved thereby, and present all written evidence in his or her possession. In cases between parties with seat or domicile outside the country the period for response shall be 30 days.

 

(3) Within the same period the respondent must notify the names of the arbitrator and substitute arbitrator chosen by him or her, or leave their appointment to the President of the Arbitration Court.

 

(4) The respondent may bring a counterclaim or raise a set-off defence if the dispute concerning his or her claim falls within the jurisdiction of the Arbitration Court. The counterclaim and the defence must be raised no later than the period under Article 9(2), and the provisions of Article 5 shall apply to the counterclaim.

 

(5) After electronic filing of the response to the statement of claim, the respondent shall receive by e-mail a unique code for electronic access to the arbitration case file.

 

(6) Failure to file a response does not constitute an admission of the claim.

 

(7) If the respondent pays to the claimant the sum claimed in the statement of claim together with the costs of the case and presents a bank statement evidencing the payment, the proceedings in the case shall be terminated.

 

III. DOCUMENTS, NOTICES AND SERVICE

 

Presentation of Documents in the Case

 

Article 10.

 

(1) All documents must be presented in as many copies as are necessary for each party and for the Arbitration Court to have one copy. This condition shall not apply when the documents are filed electronically or on a magnetic medium.

 

(2) Natural and legal persons with address and seat abroad shall present the documents referred to in paragraph 1 in the language in which the contract was concluded or in the language in which the parties corresponded with each other, as well as translated into Bulgarian by a licensed translator.

 

(3) Natural and legal persons with address and seat in the country shall present their documents in Bulgarian, accompanied by a translation into the language in which they corresponded with the other party where the latter’s seat or domicile is abroad.

 

(4) All documents may also be presented on a magnetic medium and shall be deemed received on the date of their delivery to the registry of the Arbitration Court.

 

Dispatch and Service of Documents

 

Article 11.

 

(1) The Secretariat of the Court shall send to the parties all documents, notices and summonses relating to them at the addresses indicated by them or at the addresses of their duly authorised representatives.

 

(2) The statement of claim and the evidence attached thereto, the notice of scheduling of the first arbitration hearing for examination of the arbitration case, and the arbitral award rendered shall be served on the respondent on the territory of the Republic of Bulgaria in one of the following manners in the order indicated:

 

1. by registered mail of the universal postal service or by a courier service performed by a person entered in the public register of operators performing non-universal postal services;

 

2. through a notary or a private enforcement agent if the documents could not be served in the manners under item 1.

 

(3) At the request of the claimant, service under paragraph 2, item 2 may also be used for the first dispatch of the said documents, as well as for the service of other notices and documents in the case, the claimant bearing the corresponding costs regardless of the outcome of the case.

 

(4) The process server shall certify with his or her signature the date and manner of service, the capacity of the person to whom the notice was served, and all actions in connection with an attempted service.

 

(5) Where the party cannot be found at its address of management or at its permanent and current address after diligent search, as well as at the address indicated in the contract concluded between the parties, the notice shall be deemed to have been received if the attempts at service have been certified by the process server.

 

(6) The notice shall also be deemed to have been delivered where the addressee has refused to receive it, as well as where he or she has failed to appear to receive it after a notice to that effect has been left. The process server shall certify these circumstances in writing.

 

(7) Paragraph 5 and the second hypothesis of paragraph 6 shall not apply to a party that is a natural person within the meaning of Article 7(4) of the Arbitration Act, except where the party has already regularly received the statement of claim or a previous notice under the procedure of paragraph 2.

 

(8) Where the attempts to serve the statement of claim or the notice of scheduling of the first open arbitration hearing are unsuccessful, including by applying paragraphs 5 and 6, at the request of the claimant a new attempt at service shall be made within a period of up to three months from the last attempt, or the case shall be terminated at his or her request. Upon termination of the case due to the impossibility of summoning the respondent, the claimant shall have the right to bring the action before the competent court, the suspension of the limitation period during the terminated arbitration proceedings being preserved.

 

(9) On the basis of an express written request by the parties, documents and notices may also be sent to them at an electronic address indicated by them. In respect of the respondent this possibility shall apply after he or she has been notified of the claim brought against him or her under the procedure of paragraph 2.

 

(10) Documents sent by the parties electronically shall be deemed received on the date of their receipt at the officially announced e-mail address of the Arbitration Court.

 

(11) Experts may send to the officially announced e-mail address of the Arbitration Court any statements, reports and other documents.

 

Time Limits

 

Article 12.

 

The time limits for procedural acts of the parties shall begin to run from the day on which the addressee received the notice or refused to receive it within the meaning of Article 11(6). If the last day of the time limit falls on a non-working day, the time limit shall expire on the first working day.

 

IV. DECIDING BODY

 

Composition of the Deciding Body

 

Article 13.

 

The Arbitration Court examines and resolves the disputes submitted to it through the Deciding Body, which may consist of a sole arbitrator or of three arbitrators.

 

Composition of Arbitrators

 

Article 14.

 

(1) (Amended, in force as of 1 January 2026) The Arbitration Court examines and resolves the disputes submitted to it through the Deciding Body, which consists of a sole arbitrator or of three arbitrators.

 

(2) (Former paragraph 1, amended, in force as of 1 January 2026) The President of the Arbitration Court shall propose to the parties that they agree that the case be examined and resolved by a sole arbitrator whom both parties shall appoint by mutual consent from the list of arbitrators, or that they leave the appointment to the President of the Arbitration Court. The substitute shall be appointed in the same manner.

 

(3) (Former paragraph 2, amended, in force as of 1 January 2026) If the parties do not reach agreement under the procedure of Article 14(2), the Deciding Body shall consist of three arbitrators, each party appointing one arbitrator and his or her substitute from the list of arbitrators, and the President of the Arbitration Court appointing the chairperson of the Deciding Body as well as his or her substitute.

 

(4) (Former paragraph 3, amended, in force as of 1 January 2026) If the claimant in the statement of claim or the respondent in the response within the period under Article 9(2) fails to indicate an arbitrator, the President of the Arbitration Court shall appoint from the list of arbitrators an arbitrator to examine the dispute.

 

(5) (Former paragraph 4, amended, in force as of 1 January 2026) If there are several claimants or respondents, they must by common agreement indicate one arbitrator and his or her substitute. If no agreement is reached between the claimants or the respondents, or if they fail to indicate an arbitrator and substitute appointed by common agreement, the arbitrator and his or her substitute shall be appointed by the President of the Arbitration Court.

 

(6) (Amended, in force as of 1 January 2026) The decision of the President of the Arbitration Court under paragraphs 4 and 5 shall be final.

 

Substitution of an Arbitrator

 

Article 15.

 

(1) If an arbitrator does not accept the appointment, dies, is prevented from performing or fails to perform his or her duties for more than 60 days, he or she shall be substituted by the arbitrator designated as his or her substitute. The same shall apply if the arbitrator is suddenly prevented from participating in a scheduled hearing, or if any of the grounds under Article 7 of the Statute of the Arbitration Court arises in respect of him or her. The substitute shall continue the case until its final completion.

 

(2) Under the conditions of the preceding paragraph the chairperson of the Deciding Body shall be replaced in accordance with the procedure by which he or she was elected. The substitution of an arbitrator after the chairperson of the Deciding Body has already been elected shall not lead to the replacement of the chairperson.

 

(3) If the conditions under paragraph 1 arise in respect of the substitute, the party that designated him or her shall be invited to designate another arbitrator and his or her substitute.

 

Challenge of an Arbitrator

 

Article 16.

 

(1) When a person is approached to act as an arbitrator, he or she must disclose all circumstances that may give rise to justifiable doubts as to his or her impartiality or independence by presenting to the Secretariat of the Court a declaration signed personally by him or her. The arbitrator shall have this obligation also after his or her appointment.

 

(2) Either party has the right to challenge the arbitrator and the chairperson of the Deciding Body if it doubts their impartiality and in particular if there is data that they are personally, directly or indirectly interested in the outcome of the case.

 

Procedure for Challenge

 

Article 17.

 

(1) A challenge to an arbitrator may be made no later than 7 days after the party became aware of the constitution of the Deciding Body or after it became aware of the circumstances giving rise to the challenge.

 

(2) The request for challenge shall be made in writing to the Arbitration Court, stating the grounds therefor.

 

(3) If the arbitrator does not withdraw, the President of the Arbitration Court shall rule on the challenge.

 

(4) If the challenge is upheld, the new arbitrator or the chairperson of the Deciding Body shall be designated or elected in accordance with the provisions of these Rules.

 

Challenge of an Expert and an Interpreter

 

Article 18.

 

On the grounds referred to in Article 16(2), a challenge may be made to an expert or an interpreter. The Deciding Body shall rule finally on the challenge.

 

V. HEARING OF THE CASE

 

Preparation for the Hearing of the Case

 

Article 19.

 

(1) The Deciding Body shall verify whether the case is ready for hearing and shall take measures to clarify the circumstances of the case and to complete it with evidence so that it may be resolved speedily, economically and correctly. For this purpose the case may be submitted to a preparatory hearing without summoning the parties, the parties being notified by the Deciding Body of the measures taken and of the time limits for their performance.

 

(2) The arbitrator or the chairperson of the Deciding Body may give the secretary of the Court separate instructions regarding the preparation of the case. He or she shall schedule the case and entrust the secretary with the summoning of the parties, witnesses, experts and interpreters.

 

Place of the Hearings of the Court

 

Article 20.

 

The hearings of the Court shall be held in the cities of Sofia, Varna and Veliko Tarnovo, of which the parties shall be notified by the summons for scheduling of the hearing.

 

Summoning to a Hearing

 

Article 21.

 

(1) Summonses shall be sent to the parties indicating the time and place where the hearing will take place. The summonses and notices must be sent in such a way that each party has no less than 7 days to prepare and participate in the examination of the case. In cases between parties with seat or domicile outside the country this period shall be no less than 14 days.

 

(2) With the agreement of the parties this period may be reduced.

 

Language of the Examination of Cases

 

Article 22.

 

The examination of the case shall be conducted in the Bulgarian language. Where one of the parties does not speak Bulgarian, the Deciding Body shall appoint an interpreter. The remuneration of the interpreter shall be borne by that party regardless of the outcome of the case.

 

Hearing of the Case

 

Article 23.

 

(1) The case shall be examined at a hearing at which the parties may participate in person or through duly authorised representatives.

 

(2) The case shall be examined in private. With the permission of the Deciding Body and the consent of the parties, persons who are not parties to the case may also be present at the hearing.

 

(3) With the agreement of the parties the case may be examined and resolved without their being summoned to a hearing, solely on the basis of the written evidence and written submissions presented by them. The Deciding Body may, however, summon the parties to a hearing if it finds that the case requires additional clarification.

 

(4) The case shall be examined without summoning the parties if the respondent in the response to the statement of claim admits the claim.

 

(5) The proceedings in cases before the Arbitration Court are confidential. Materials from the cases shall be provided only to the party, its legal representative or its procedural representative in the case.

 

(6) (In force as of 30 January 2017) Each party shall be given the opportunity to inspect the case file remotely, including through the website of the Arbitration Court.

 

Article 23A.

 

(1) At the request of the parties the hearings of the Arbitration Court may also be held remotely, by videoconference or other communication technology.

 

(2) Upon receipt of a request for a remote hearing the Deciding Body shall notify the opposing party and give it a 7-day period for a written position. If it agrees with the request, the Deciding Body shall schedule a day and time for the remote hearing.

 

(3) Remote hearings shall be held by videoconference based on Internet technology.

 

(4) The Secretariat of the Arbitration Court shall provide the Deciding Body with the technical conditions for conducting the videoconference.

 

(5) The remote hearing shall be opened after the chairperson of the Deciding Body has ascertained that video and audio connection exists between all participants in the videoconference.

 

(6) A fully remote hearing shall be held when both parties are not present at the seat of the arbitration. In a fully remote hearing the parties are obliged to provide themselves with the technical possibility of participating in the videoconference. A partially remote hearing shall be held in cases where one of the parties is present at the seat of the arbitration and the other is outside its seat. In a partially remote hearing the Secretariat of the Arbitration Court shall provide the attending party with the technical possibility of participating in the videoconference, and the non-attending party is obliged to provide itself with the technical possibility of participating in the videoconference.

 

(7) During remote hearings the parties may perform all procedural acts except the presentation of written evidence.

 

(8) Where the parties have their seat or domicile in other States, the remote hearing shall be conducted in the language chosen by the parties.

 

(9) Minutes of the remote hearing held shall be drawn up by the secretary of the Arbitration Court in accordance with Article 34 of the Rules of the Arbitration Court.

 

Non-Appearance of a Party

 

Article 24.

 

(1) The non-appearance of a party that has been duly notified of the time and place of the arbitration hearing shall not be a ground for postponement of the hearing. The Deciding Body may examine the case and render an award on the basis of the evidence in the case file.

 

Evidence

 

Article 29.

 

(2) The Deciding Body may appoint one or more experts to give an opinion for the clarification of certain issues requiring specialised knowledge. It may order the parties to provide the experts with the necessary information or to grant them access for the examination of documents, goods or other objects where this is necessary for the preparation of the opinion. It may, at the request of either party or of its own motion, require the expert, after presenting his or her opinion, to participate in a hearing in order to give clarifications. At the request of the parties the Deciding Body may also appoint other experts to give an opinion on the disputed issue. The interested party shall present and attach in the proper manner all evidence on which the experts’ opinions are based, unless both parties agree otherwise.

 

(3) Witnesses shall be examined if they are brought by the party that has indicated them and has clarified what circumstances they will establish.

 

(4) The Deciding Body may set a final time limit for the indication and presentation of evidence. The time limit may be extended or restored where there are justifiable reasons which the party must prove.

 

Assistance of a State Court

 

Article 30.

 

The Deciding Body or the interested party, with its consent, may request the competent court in the country or abroad to collect certain evidence necessary for the case.

 

Amendment of the Claim

 

Article 31.

 

(1) During the arbitration proceedings either party may amend or supplement its claim or defence, unless otherwise agreed. The Arbitration Court may refuse to admit the requested amendment if it considers that it would create particular difficulties for the other party. These rules shall also apply to the amendment of a counterclaim.

 

(2) Where a party dies or a legal entity ceases to exist, the proceedings in the case shall continue in the person of the successor, if any.

 

(3) Amendment of the claim by substitution of one of the parties by another person is admissible with the consent of both parties and of the person who joins as a party to the case.

 

Participation of Third Parties

 

Article 32.

 

Joinder and impleader of a third party is admissible only with the consent of the parties, and in the case of impleader – also with the consent of the person who is impleaded. The same applies to the bringing of a reverse claim against the impleaded person. The request for joinder and impleader, as well as the bringing of a reverse claim against the impleaded person, must be made before the expiry of the period for response to the statement of claim. The consent must be in writing.

 

Postponement of the Case and Stay of the Proceedings

 

Article 33.

 

(1) The proceedings in the case shall be stayed:

 

a) at the joint request of the parties;

 

b) where a case is being examined in a court or another arbitral tribunal the decision on which will be of significance for the proper resolution of the dispute;

 

c) by express order of the law.

 

(2) A stayed case shall be resumed at the request of a party or of the court’s own motion upon the falling away of the ground for the stay. In the cases under letter “a” it shall be terminated if within a six-month period from the stay neither of the parties has requested its resumption.

 

Minutes

 

Article 34.

 

(1) Minutes of the arbitration hearing shall be drawn up by a secretary appointed by the President of the Arbitration Court. The minutes shall be signed by the arbitrator or by the chairperson of the panel, as well as by the secretary.

 

(2) At the request of a party within a period of three days from the hearing, by a ruling of the Deciding Body the minutes may be corrected or supplemented if an error or omission has been made therein.

 

(3) At the request of the parties they shall be provided with copies of the minutes certified by the Secretariat of the Arbitration Court.

 

Applicable Law

 

Article 35.

 

(1) The Deciding Body shall apply the law chosen by the parties. Unless they have agreed otherwise, the choice of law shall refer to the substantive law and not to the conflict-of-laws rules.

 

(2) Where the choice of law is inadmissible or the parties have not chosen the applicable law, the Deciding Body shall apply the law indicated by the conflict-of-laws rules that it considers applicable. If the parties have their seat or domicile in the same State, the conflict-of-laws rules of that State shall indicate the applicable law. Where the disputed relationship is governed by an international convention, that convention shall apply.

 

(3) In all cases the Deciding Body shall apply the terms of the contract and take into account the trade usages.

 

VI. COMPLETION OF THE PROCEEDINGS

 

Award

 

Article 36.

 

(1) The arbitration proceedings shall be completed by the rendering of an award where there are no obstacles to the resolution of the case on the merits.

 

(2) An award shall be rendered not only upon admission of the claim but also upon withdrawal of the claim.

 

(3) An award that under the conditions of Article 26(4) records a settlement reached between the parties shall have the force of an award on the merits of the case.

 

Rendering of the Award

 

Article 37.

 

(1) After the Deciding Body finds that all circumstances connected with the dispute have been sufficiently clarified, it shall declare the debate closed and proceed to the rendering of the award.

 

(2) The award shall be adopted in a closed session by a majority of the members of the Deciding Body. The chairperson shall vote last. If a majority cannot be formed, the award shall be rendered by the chairperson.

 

(3) The award must be reasoned unless it records a settlement agreed by the parties.

 

(4) The award shall be prepared by the chairperson and signed by all members of the Deciding Body. If one of the arbitrators is unable or refuses to sign the arbitral award, the chairperson of the Deciding Body shall certify this with his or her signature on the award, indicating the reasons.

 

(5) An arbitrator who remains of a dissenting opinion is obliged to sign the award immediately, marking his or her position with the initials “d.o.”. Within a seven-day period from the signing the arbitrator is obliged to present in writing his or her dissenting opinion, which shall be attached to the award. After the expiry of this period it shall be deemed that the arbitrator has waived his or her dissenting opinion; in this case the expiry of the period shall be certified by the chairperson of the Deciding Body.

 

(6) Where the case is resolved by a sole arbitrator, the award shall be prepared and signed by him or her.

 

(7) If before the expiry of the period for the presentation of written submissions in the case granted to the parties by the Deciding Body it is established that the right of one of the parties to be heard has been infringed, that for reasons beyond its control it was unable to appear and to notify the Arbitration Court of this impossibility, that the case requires additional evidence or the clarification of circumstances that are of significance for its proper resolution, the Deciding Body shall resume the examination of the case.

 

Content of the Award

 

Article 38.

 

The award must contain:

 

1. the name of the Arbitration Court;

 

2. the date and place of rendering of the award;

 

3. the names of the arbitrators;

 

4. the names of the parties and of the other persons participating in the case;

 

5. the subject-matter of the dispute and a brief statement of the circumstances of the case;

 

6. the operative part of the award;

 

7. the reasons of the award;

 

8. the signatures of the arbitrators.

 

Entry of the Award

 

Article 39.

 

(1) After the award has been signed under the procedure of Article 37 it shall be submitted to the Secretariat by the chairperson of the Deciding Body or, as the case may be, by the sole arbitrator and shall be published by being attached to the electronic case file, after which moment the award shall be deemed rendered and become irrevocable.

 

(2) The award shall be published within a period of up to 30 days from the last hearing and, in the cases under Article 37(5), upon presentation of the dissenting opinion or, as the case may be, certification of the absence of such by the chairperson of the Deciding Body after the expiry of the seven-day period under the same paragraph.

 

(3) The President of the Arbitration Court may, where necessary, extend the period under the preceding paragraph.

 

(4) The arbitral award is final and puts an end to the dispute.

 

Copy of the Award

 

Article 40.

 

(1) A copy of the award shall be served on the parties, who shall be notified that they may comply with it voluntarily within a 7-day period counted from the date of its receipt. Upon service on the parties to the case it shall enter into force and be subject to compulsory enforcement.

 

(2) To a party to the case with a seat abroad a translation of the award shall be sent at its expense if it so requests.

 

(3) The copies and translations shall be certified by the President of the Court with his or her signature and the seal of the Arbitration Court.

 

(4) If the preparation of the translation will be delayed, the secretary of the Court shall notify the foreign party to the case of an extract from the award.

 

(5) Copies of the award shall be served on the parties after the arbitration costs have been paid in full to the Arbitration Court.

 

Corrections and Interpretation of the Award

 

Article 41.

 

(1) The Deciding Body may, at the request of either party or of its own motion, correct the award in respect of a calculation, writing or other obvious factual error that it has made. The request must be made within a 7-day period from receipt of the notice that the award has been prepared.

 

(2) Either party may request the Deciding Body to interpret the award. Interpretation may not be requested after the award has been enforced.

 

(3) On the correction and interpretation of the award the Deciding Body shall hear the parties or give them an opportunity to present their written submissions within a period determined by it. It shall rule on the correction and interpretation within a 30-day period from the request. The decision on these matters shall be rendered in accordance with Articles 37 and 39 of these Rules.

 

(4) Correction of the award in the part concerning the arbitration costs shall be made by a ruling in accordance with the requirements of paragraphs 1 and 3.

 

(5) The correction and interpretation shall form part of the award.

 

Additional Award

 

Article 42.

 

A party may request that the award be supplemented if the Deciding Body has not ruled on the whole of its claim. An application to that effect, with a copy for the opposing party, may be filed within a 14-day period from receipt of the notice that the award has been prepared. Where the request is well-founded, the Deciding Body shall render an additional award in accordance with the provision of Article 41(3).

 

Enforcement of the Award

 

Article 43.

 

(1) The arbitral award is final and binding on the parties.

 

(2) If within a seven-day period from receipt of the award the obligated party complies with it voluntarily and presents evidence thereof, the Arbitration Court shall issue to the other party a certified copy of the Award and a certificate of its entry into force with a note that it has been complied with voluntarily.

 

Completion of the Proceedings by a Ruling

 

Article 44.

 

(1) If an award cannot be rendered in the case, the arbitration proceedings shall be terminated by a ruling to which the rules of Article 37(5) and Article 39 shall apply.

 

(2) A ruling terminating the proceedings shall be rendered:

 

1. if the claimant withdraws the claim, unless the respondent objects and the arbitral tribunal finds that the respondent has a legitimate interest in the rendering of an award;

 

2. upon a settlement between the parties under Article 26(3) of these Rules, as well as in the case under Article 33(2);

 

3. in the absence of the prerequisites necessary for the examination and resolution of the case on the merits, as well as where, due to the claimant’s inaction, the application left without progress is not corrected within the period determined by the President of the Arbitration Court or, as the case may be, by the Deciding Body.

 

(3) If the Deciding Body has not yet been constituted in the established manner, the ruling terminating the arbitration proceedings shall be rendered by the President of the Arbitration Court.

 

Storage of Cases and Awards

 

Article 45.

 

(In force as of 30 January 2017) The Arbitration Court shall maintain an archive in which completed cases shall be stored for a period of 10 years from the completion of the proceedings. After the expiry of this period only the awards and the reasons therefor, as well as the settlements concluded, shall be stored.

 

VII. ACCELERATED PROCEEDINGS

 

Article 46.

 

(Amended, in force as of 1 January 2026) The accelerated procedure for the examination of an arbitration case under this Chapter shall apply where the parties have expressly agreed thereto in an arbitration agreement, as well as where the claimant has made an express request therefor in the statement of claim and the respondent accepts that the case be examined under the accelerated procedure.

 

Constitution of the Deciding Body, Substitution and Challenge of an Arbitrator in Accelerated Proceedings

 

Article 47.

 

The Deciding Body shall consist of one arbitrator and one substitute arbitrator.

 

Article 48.

 

(1) (Amended, in force as of 1 January 2026) Unless the parties have agreed otherwise in the arbitration agreement, the claimant has the right to indicate up to three names from the list of arbitrators whom he or she would like to examine and resolve the case. The names shall be indicated in a separate annex to the statement of claim which shall not be sent to the respondent. Within the period for response the respondent shall have the same right.

 

(2) (Amended, in force as of 1 January 2026) If the name of one arbitrator is indicated simultaneously by both the claimant and the respondent, the arbitrator shall be deemed elected to examine and resolve the case. In these cases the President shall appoint a substitute arbitrator.

 

(3) (Amended, in force as of 1 January 2026) If the claimant and the respondent have indicated more than one names of arbitrators that coincide, the President of the Arbitration Court shall appoint an arbitrator and a substitute arbitrator from among the arbitrators indicated simultaneously by the claimant and the respondent.

 

(4) (Amended, in force as of 1 January 2026) In the event that none of the names indicated by the claimant and the respondent coincide, as well as where the claimant or the respondent fails to exercise his or her rights under the preceding paragraphs, the arbitrator and the substitute arbitrator shall be elected by the President of the Arbitration Court within a seven-day period from receipt of a regular statement of claim.

 

Article 49.

 

(1) The substitution of an arbitrator shall be effected under the conditions and in accordance with the procedure of Article 16 of the Rules of the Arbitration Court where the period during which the arbitrator is prevented or unable to perform his or her duties is more than 15 days.

 

(2) In the event of substitution of an arbitrator the President of the Arbitration Court shall appoint a new substitute arbitrator.

 

Article 50.

 

(1) A challenge to an arbitrator on the grounds provided for in Article 17(2) of the Rules of the Arbitration Court may be made by a party within a seven-day period from becoming aware of the election or appointment of the arbitrator and the substitute arbitrator, or from becoming aware of the circumstances giving rise to the challenge.

 

(2) Where it is not made at a hearing, the written request for challenge shall be sent immediately to the arbitrator (or, as the case may be, to the substitute arbitrator) and to the opposing party, who are obliged within a three-day period to express their position thereon.

 

(3) If within the period under the preceding paragraph the arbitrator (substitute arbitrator) does not withdraw, the party that made the request for challenge shall have the rights under Article 16 of the International Commercial Arbitration Act.

 

Claim and Response to the Claim

 

Article 51.

 

(1) The statement of claim must meet the requirements of Article 5 of the Rules of the Arbitration Court, with the exception of Article 5(1), item 6. The claimant is obliged to exhaust all circumstances on which the claim is based, as well as to indicate all evidence and to present the written evidence in his or her possession.

 

(2) In the powers of attorney attached to the statement of claim the address, telephone, bank account and e-mail address of the proxy shall be indicated.

 

(3) A document evidencing payment of the arbitration fee for accelerated proceedings and a minimum deposit for costs shall be attached to the statement of claim, except in the cases under Article 7(1).

 

Article 52.

 

(1) The bringing of several claims against the respondent is admissible only if they rest on the same ground, as well as if they constitute penalties or interest on a corresponding principal. Independently of this, the bringing of claims for termination, declaration of termination, avoidance and declaration of nullity of the contract from which the rights or legal relationships asserted by the claim arise is admissible.

 

(2) The joinder of claims against more than one respondent is not admissible, except in cases of joint and several liability.

 

Article 53.

 

Amendment only of the ground or only of the amount of the claim is admissible subject to the limitations of Article 31. An increase of the claim is admissible only if it does not necessitate the collection of new evidence that would delay the examination of the case.

 

Article 54.

 

(1) Within a seven-day period from receipt of a copy of the statement of claim and the annexes thereto the respondent may pay the sum claimed in the statement of claim, file a response to the statement of claim which shall contain a position on the jurisdiction of the Arbitration Court, the admissibility and the merits of the claim, a position on the circumstances on which the claim is based, defences against the claim and the circumstances on which they are based, and shall indicate his or her evidence and the specific circumstances that will be proved thereby and present all written evidence in his or her possession. The period under this Article may be extended by the arbitrator in the case due to special unforeseen circumstances.

 

(2) If the respondent pays to the claimant the sum claimed in the statement of claim together with the costs of the case and presents a bank statement evidencing the payment, the proceedings in the case shall be terminated.

 

Article 55.

 

(1) Within the period for response and subject to the limitations of Article 31 the respondent may bring a counterclaim or raise a set-off defence only if within the same period all written evidence relating thereto is presented and if the arbitration fees and deposit due for their examination have been paid. Otherwise the claim or set-off defence brought shall not be examined.

 

(2) A set-off defence may also be raised later if its proof does not necessitate the collection of new evidence and if at the time of its raising the arbitration fee and deposit for costs due have been paid.

 

Article 56.

 

(1) After the filing of the statement of claim or, as the case may be, the response thereto, the parties may assert facts and present evidence only for the purpose of rebutting the timely asserted allegations of the opposing party. Outside these cases the parties may assert new facts, indicate and present new evidence only if they were unable to do so within the prescribed periods for reasons for which they are not responsible.

 

(2) The rules of the preceding paragraph shall apply accordingly to the counterclaim and the set-off defence.

 

Article 57.

 

Either party may, with the filing of the claim or the counterclaim, request the performance of an expert examination, of which the other party shall be notified and shall have a 3-day period to put additional questions to the expert examination.

 

Hearing of the Case

 

Article 58.

 

(1) After the expiry of the period for response to the statement of claim or, as the case may be, the period for response to the counterclaim, and taking into account the statements of the parties, their requests and the evidence presented, the Deciding Body shall by a ruling in a preparatory hearing determine the order, manner and time limits for the examination of the case.

 

(2) The Deciding Body shall proceed to an award in a closed session solely on the basis of the evidence presented and, if it considers it appropriate, may grant the parties a period for written submissions and replies.

 

(3) If it orders that the case be examined at an open hearing, the Deciding Body shall schedule it no later than 15 days from the rendering of its ruling. The parties shall be summoned at least 5 days before the scheduled hearing.

 

(4) By its ruling the Deciding Body may admit witnesses for examination and also appoint an expert. The non-appearance of an admitted witness on the fixed date shall not be an obstacle to proceeding to the rendering of an award.

 

(5) After clarification of the dispute from a factual and legal point of view the Deciding Body shall grant each of the parties a period for a written submission and a reply, which may not be longer than three days and five days respectively, after which it shall proceed to the rendering of an award.

 

Completion of the Proceedings

 

Article 59.

 

(1) The Deciding Body shall render an award in the case within a period of 10 days after the expiry of the period for written submissions and replies.

 

(2) Within the period under the preceding paragraph the Deciding Body shall render a ruling terminating the case if it finds that the prerequisites for the rendering of an award on the merits of the case are not present.

 

(3) Upon the reaching of a settlement which the parties wish to be recorded in an arbitral award on agreed terms, the Deciding Body shall render an award within a period of 5 days after presentation of the request therefor and of the settlement.

 

VIII. FEES, COSTS AND REGISTER

 

Arbitration Fees and Costs

 

Article 60.

 

(1) The calculation and allocation of the arbitration fees and the covering of the expenses of the Arbitration Court shall be effected in accordance with the schedules of arbitration fees and costs, which form an integral part of these Rules.

 

(2) The President of the Court or the Deciding Body shall oblige the party that requests the collection of evidence to pay a deposit for costs for the collection of the requested evidence.

 

(3) Acts for which a deposit has not been paid shall not be performed.

 

(4) The Deciding Body shall determine the remuneration of interpreters, the secretary and experts, as well as their travel expenses where travel is necessary.

 

Registry and Archive

 

Article 61.

 

(1) The Arbitration Court shall maintain a registry and an archive. The registry shall provide information on the arbitration cases from their constitution until their transfer to the archive. The registry shall also be maintained in electronic form, an electronic case file being formed for each case. Access to the electronic case file shall be provided to the parties, to the arbitrators selected or appointed to examine and resolve the case, to the courts, to the Minister of Justice and to the Inspectorate under the Minister of Justice pursuant to the Judiciary Act.

 

(2) Completed cases shall be stored in the archive for 10 years from their completion. Awards and the reasons therefor, as well as settlements concluded, shall be stored for 50 years.

 

(3) Copies of the documents contained in the cases may be issued to the parties against payment of a fee. Access shall be granted and copies issued after the filing of an application with the President of the Arbitration Court.

 

(4) The President of the Court may authorise the publication in the periodical press and in separate collections of the positions of the Arbitration Court. The publication may not include the names of the parties and such data as may affect their interests. The President of the Court may also exclude from publication other data the disclosure of which he or she finds inappropriate.

 

ADDITIONAL PROVISIONS

 

§ 1. The amendments adopted by a decision under Minutes No. 2 of 20 December 2010 shall enter into force as of 1 January 2011 and shall apply to statements of claim filed after that date with the Arbitration Court.

 

§ 2. To statements of claim filed before 1 January 2011 with the Arbitration Court the provisions of the previously applicable Rules of the Arbitration Court shall apply.

 

§ 3. The amendments adopted by a decision under Minutes No. 3 of 2 July 2012 shall enter into force as of 2 July 2012 and shall apply to statements of claim filed after that date with the Arbitration Court.

 

§ 4. To statements of claim filed before 2 July 2012 with the Arbitration Court the provisions of the previously applicable Rules of the Arbitration Court shall apply.

 

§ 5. The amendments adopted by a decision under Minutes No. 2 of 7 November 2025 shall enter into force as of the same date and shall apply to statements of claim filed after that date with the Arbitration Court.

 

§ 6. To statements of claim filed before 7 November 2025 with the Arbitration Court the provisions of the previously applicable Rules of the Arbitration Court shall apply.

 

 

This document is an unofficial translation of the Rules of the Arbitration Court at the Non-Profit Association “Legal Aid and Mediation” into business English, prepared for informational purposes. For official use, reference should be made to the authentic Bulgarian text.