Judgment of the Supreme Cassation Court No. 106, Civilian Ref. No. 884/2009, of 1 December 2009 (M “O” vs. “O” E.):
Rationes Decidendi:
A letter addressed to the Chairman of the Supreme Cassation Court of Bulgaria is not an act that would initiate proceedings on the annulment of an arbitral award.
A request for the annulment of an arbitral award must conform to the requirements set out in the International Commercial Arbitration Act (ICAA [BUL]).
The Supreme Cassation Court of Bulgaria may annul an arbitral award only due to the reasons set out in the International Commercial Arbitration Act (ICAA [BUL]). A court may not review an arbitral award on the merits.
reasons for award annulment
requirements for request
request for annulment of arbitral award
review of award on merits
arbitral award
prohibition of review
annulment of an arbitral award
Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.
e-mail: office@ablegal.cz
