Anatomy of All Major Changes in the Bulgarian Arbitration Legislation


The updated version of the Bulgarian Section of Juris’s World Arbitration Reporter (“WAR”) has just been published and we are proud that Partner Angel Ganev was once again invited to author the Bulgarian section. 
The WAR is focused on the major changes that took place in the Bulgarian arbitration legislation in 2017. These changes concern fundamental arbitration issues such as the scope of non-arbitral disputes, the grounds for setting aside domestic arbitral awards, as well as the criteria for establishing tacit prorogation of arbitral jurisdiction. The 2017 amendment to the Bulgarian arbitration laws also saw the introduction of previously not existing minimum professional requirements for arbitrators and the establishment of a special state body responsible for exercising limited supervisory functions with respect to arbitrators and arbitration institutions.The 2017 Bulgarian Section of WAR features in-depth analysis of the expanding arbitration related case law with the aim of presenting court decisions on important practical issues in a concise and comprehensive manner. Such issues include, inter alia, the legal status of an arbitration clause not referring to a particular arbitration institution; establishing arbitral jurisdiction in the context of voluntary assignment and legal subrogation; possible binding effect of an arbitration clause included in a commercial transaction executed by a person lacking representative powers; interaction between arbitration tribunals and state courts including examples of circumventing arbitrational jurisdiction through fast track state court proceedings, etc.
Last but not least, the 2017 WAR edition contains update on the procedural rules adopted and applied by some of the major arbitration institutions seated in Bulgaria, which completes our goal for providing a full and practical picture of the contemporary arbitration environment in Bulgaria.
Senior Associate Gergana Monovska and Associate Tsvetelina Bayraktarova also contributed to the publication. 
The whole edition is available here.