(Adopted with a Decision of the General assembly of the Non-profit Association “AC-VT” held on 20.12.2010, in force from 01.01.2011, amended with a Decision of the General assembly of the Non-profit Association “PPM” held on 02.07.2012, in force from 02.07.2012, amended with a Decision of the General assembly of the Non-profit Association “PPM” held on 17.12.2012, in force from 01.01.2013, amended with a Decision of the General assembly of the Non-profit Association “PPM” held on 20.01.2014  in force from 01.02.2014, amended with a Decision of the General assembly of the Non-profit Association “PPM” held on 21.12.2015  in force from 01.01.2016)

 

Section 1. Arbitration fee and deposit

(1)   For conducting a law case arbitration fees and deposit for costs are levied.

(2)   “Arbitration fee” is the sum collected to meet the general costs of the Arbitration court.

(3)   “Deposit” is the sum collected for the costs incurred in the process of each case. 

Section 2. Rate of the arbitration fee

(1)   The Arbitration court collects an arbitration fee determined on the basis of the price of the claim according to the following chart:

Price of the claim (BGN)

Arbitration fee (BGN)

.............

 to 5 000 BGN

 480 BGN

 from 5 001

 to 10 000 BGN

 585 BGN

 from 10 001

 to 100 000 BGN

 585 + 3.5 % for an amount over 10 000

 from 100 001

 to 500 000 BGN

 3 585 + 3 % for an amount over 100 000

 over 500 001

 

 13 585 + 2.5 % for an amount over 500 000

 (2)   The arbitration fee is paid up-front. In the case of payment by a bank transfer the fee is considered paid on the day when the money has arrived at the bank account of the Non-profit Association “AC-VT”.

(3)   In the case of an augmentation of the claim additional arbitration fee is paid at the rate of the difference between the paid fee and the fee due upon the price after the augmentation.

Section 3. Partial arbitration fee refund.

(1)  Upon suspension of the case before procedural acts have been undertaken by the Decision making authority, excluding the cases under Art. 54, para. 2 of statues of Arbitration Court Varna, the paid arbitration fee is reimbursed to the claimant.

(2)   Independently from the reason for terminating the case, the claimant would receive 50% of the arbitrage tax provided when the case is terminated with a decision after the Judicial Decision-Making has taken the appropriate procedure actions. The current order does not apply in accelerated proceedings as well as in circumstances when the case is terminated with a decision after looking into the dispute.

(3)   The general order for the back-payment of a part of the arbitration fee is delivered by the Decision making authority, and when such is not formed – by the Chief of the Arbitration court.

Section 4. Arbitration fee for a counter claim and compensation objection

For the counter claim and the compensation objection the same arbitration fee is collected as for the initial claim.

Section 5. Deposit for arbitration costs

(1)   The deposit for costs is determined by the Chief of the Arbitration court and is paid up-front by the claimant. For accelerated proceedings the minimum deposit for claims is at the rate of 5 BGN. Providing that the party, by himself/herself, pays postal and office costs and presents evidence for this, deposit for costs are not paid.

(2)   Upon delivery of the decision or discontinuation of the case the deposit is given account for with the Decision making authority. It puts an obligation onto Non-profit Association “AC-VT” to restore to the claimant the part of the paid deposit that has not been spent, and respectively puts the claimant under the obligation to pay the difference between the paid deposit and the actual amount of the costs incurred by the law-suit. If the Decision making authority has not been formed, the deposit is accounted for to the Chief of the Arbitration court.

Section 6. Costs covering the collection of proofs for the case

(1)   The sums for the remuneration of expert witnesses and their business trips, if such have been necessary for the preparation of the conclusions, as well as the sums for inspections, is paid up-front by the party who requested them at a rate determined by the Decision making authority.

(2)   The costs connected with the summoning of an approved witness, are met by the party that requested them.

Section 7. Additional costs

(1)   The party that named an arbitrator whose participation in the meetings of the Decision making authority implies costs for traveling or stay at the head-office of the Arbitration court Varna, pre-pays the sum covering these costs. The latter are not paid back to that party independent of the outcome of the case.

(2) Party which makes request for interpretation or addition of decision or ruling  on arbitration case, pays in fee amounting to 10 % of the arbitration fee due at initiating the case, but not less than BGN 30.

(3) Fee for providing not certified copies from file cabinet of Arbitration Court, as well as from cases, amounts to 0.50 stotinki per page, and for certified copies – 1.00 leva per page. Fee is not due at providing copies of state authorities and institutions.

Section 8. Liability of the parties for the arbitration fee, deposit and costs

(1)   If the parties have not agreed otherwise, the costs for the arbitration fee, deposit and collection of proofs for the case are charged on the party against which the decision has been delivered, and when the claim is recognized in part, the costs are awarded proportionately between the recognized and rejected part of the claim. Costs for the summoning of an admitted witness, if proved by the party that claims them, are awarded but their rate cannot surpass the normatively set standard business trip costs.

(2)   The party in whose favor the decision works, can request for the proven normal costs incurred upon it for its procedural defense, to be awarded. It is under the obligation to prove these costs to the Arbitration court.

(3)   To the party that has benefited from a lawyer’s defense in the case, but has not presented proofs for the costs incurred in the process, the minimum rate determined by the Tariff for the lawyers’ remunerations is awarded.

 

 

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