BULGARIA 1

Bulgaria 1. Supreme Court of Appeal, Civil Collegium, Fifth Civil Department, 23 February 1999Bulgaria 1. Supreme Court of Appeal, Civil Collegium, Fifth Civil Department, 23 February 1999

23 - 02 - 1999

BULGARIA 1

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXV (2000)
Jurisdiction Bulgaria
Related topics
110

The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.

Arbitral award: types
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
402

The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.

Original or copy arbitral award
404

The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.

Authentication and certification
506

Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

Law applicable to the arbitration agreement
514 Ground e: Award not binding, suspended or set aside - "Binding"
704(B) Bilateral Treaties
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