Resolution of the Supreme Cassation Court No. 356, Commercial Ref. No. 24/1999, of 23 February 2009 (A. OOD, USA v. K.A., Bulgaria):
Rationes Decidendi:
Each State Party to the New York Convention recognizes arbitral awards and allows their enforcement in accordance with procedural regulations valid in the territory where recognition and enforcement are demanded. The recognition and enforcement of a foreign award in Bulgaria take place in accordance with Bulgarian procedural regulations.
Only a final arbitral award is binding for the parties to arbitral proceedings. Only a final arbitral award may be recognized and enforced in Bulgaria.
final arbitral award
lex fori
governing law
procedural regulations
seat of arbitration
New York Convention
certifi cate of enforceability
obstacle for recognition
recognition and enforcement
outcome of the dispute
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
