Comparative Guides
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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Bulgaria
An award may be challenged before the Supreme Cassation Court on the following grounds:

  • The party did not have legal capacity to enter into the arbitration agreement.
  • The arbitration agreement was not concluded or is invalid in accordance with the applicable law chosen by the parties or in the absence of such choice, in accordance with the International Commercial Arbitration Act.
  • The party was not properly notified of the appointment of an arbitrator or the commencement of arbitration proceedings, or for reasons beyond its control could not participate in the proceedings.
  • The award resolves a dispute that is not included in the arbitration agreement or contains resolutions outside the scope of the dispute.
  • The establishment of the arbitration court or the initiation of arbitration proceedings was not in accordance with the arbitration agreement, except where the agreement contradicts the mandatory provisions of the International Commercial Arbitration Act.

Further, an arbitral award is invalid if it relates to a non-arbitrable dispute.

For more information about this answer please contact: Chemshirov Radoslav from Schoenherr Attorneys at Law
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Bulgaria
A challenge must be brought within three months of receiving the decision. If a request is made for a correction, interpretation or addition to the award, the term for submitting a challenge begins from the date on which the tribunal issues the respective decision.

For more information about this answer please contact: Chemshirov Radoslav from Schoenherr Attorneys at Law
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Bulgaria
The parties may not exclude any rights of challenge, since the respective legal provisions are mandatory.

For more information about this answer please contact: Chemshirov Radoslav from Schoenherr Attorneys at Law