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.
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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Bulgaria
If proceedings are initiated before the state courts, the interested party must point out the existence of the arbitration agreement within the term for responding to the claim. If an objection is made, the state court is obliged to terminate the proceedings if there is a valid and relevant arbitration agreement.

For more information about this answer please contact: Chemshirov Radoslav from Schoenherr Attorneys at Law
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Bulgaria
The arbitration award may be set aside by the Supreme Court of Cassation (see question 41).

The courts may:

  • impose interim relief measures;
  • collect evidence for the arbitration proceedings;
  • review challenges to arbitrator appointments; and
  • issue decisions on the enforcement of foreign arbitral awards.
For more information about this answer please contact: Chemshirov Radoslav from Schoenherr Attorneys at Law
9.3
Can the parties exclude the court's powers by agreement?
 
Bulgaria
No, the powers of the court may not be excluded by agreement.

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