Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Bulgaria
Pursuant to Article 20, paragraph 1 of the International Commercial Arbitration Act, the objection to the jurisdiction of the arbitration court must be made at the latest with the response to the respective claim. If the objection is made at a later stage, the arbitration court may accept it only if there are reasonable grounds for the delay.

If a party raises an issue which is outside the scope of the arbitration agreement, the other party must raise an objection immediately.

For more information about this answer please contact: Chemshirov Radoslav from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Bulgaria
The tribunal may rule on its own jurisdiction through a separate ruling or as part of the final decision.

For more information about this answer please contact: Chemshirov Radoslav from Schoenherr Attorneys at Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Bulgaria
As mentioned in question 14, the tribunal is entitled to rule on its jurisdiction.

However, certain grounds for setting aside arbitral awards concern the jurisdiction of the tribunal. Under the International Commercial Arbitration Act, awards in relation to non-arbitrable disputes are null and void. An award may also be set aside if it resolves a dispute which is not covered by the arbitration agreement. The Supreme Cassation Court (the highest court for civil disputes in Bulgaria) is the competent forum for challenging awards on these grounds.

State courts must terminate proceedings reviewing disputes which are subject to an arbitration agreement if the respondent makes an objection within the term for response to the claim.

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