Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Bulgaria
If the parties have not explicitly chosen the law applicable to the arbitration agreement, the law of the seat of the arbitration tribunal will generally apply.

For more information about this answer please contact: Chemshirov Radoslav from Schoenherr Attorneys at Law
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Bulgaria
Under the International Commercial Arbitration Act, the tribunal will resolve the dispute by applying the law chosen by the parties. The tribunal must also apply the conditions of the contract and consider customs

If the substantive law is unclear, the tribunal will apply the law in accordance with the conflict of laws rules which it deems applicable. With regard to contractual obligations, Regulation (EC) 593/2008 (Rome I) envisages which law will apply to a respective contract.

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