Party Authorized to Enforce an Arbitral Award; Assignment of a Claim and Burden of Proof (Sofia Appeals Court; 22 February 2007)

Resolution of the Sofia Appeals Court Civilian Ref. No. 277/2007 of 22 February 2007 (E.I.AD vs. O.tz.kAD):

Rationes Decidendi:

When a court has ascertained as part of enforcement proceedings that grounds exist for the enforcement of a judgment (arbitral award), the court must examine the party benefiting from the awarded right and the party against which such a right exists (right of action and suability).
A writ of execution may only be issued in favour of a party that is found to possess a right against a party that must submit to the enforcement of a judgment.
The enforcement of a judgment may be demanded by a person other than a party to arbitral proceedings, specifically, by a party that has been awarded a right under an arbitral award. Such a party, however, must demonstrate its legal succession regarding such a right, where the claimant is subject to the duty to submit evidence (burden of proof). A court examines such a legal succession in enforcement proceedings as part of the exercise of its official authority.

keywords
right of action
burden of proof
duty to subimt ecidence
writ of execution
authorized person
suability
liable party
legal succession
enforcement of arbitral award
enforcement of a judgment
about the authors

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