Judgment of the Supreme Cassation Court No. 23, Civilian Ref. No. 44/2009, of 24 February 2009 (TD “Sh” A vs. L.L.K.):

Rationes Decidendi:

An arbitral award is the final decision on the merits of a case. The only legal means that can be used against an arbitral award is a request for its annulment.
A decision on a request for the annulment of an arbitral award can be made exclusively by the Supreme Cassation Court in proceedings that are not a part of the arbitral proceedings (exclusive jurisdiction of the Supreme Cassation Court).
An arbitral award may only be annulled based on the reasons set out in the International Commercial Arbitration Act (ICAA [BUL]). The Supreme Cassation Court delivers rulings in accordance with the International Commercial Arbitration Act (ICAA [BUL]), a special law (lex specialis) in relation to the Code of Civil Procedure. Hence, the provisions of the Code of Civil Procedure do not apply to the annulment of enforceable court decisions. Th e provisions of the Code of Civil Procedure do not have to be applied in an analogical manner (per analogiam, in this case the exclusion of analogy).
Thus, legal standpoints expressed in the different case law of the Supreme Cassation Court are not taken into account during arbitral award annulment proceedings with regard to procedural issues concerning the review of court decisions.