Judgment of Bulgarian Supreme Court (Върховен съд) No. 440, Civil Case No. 286/94 of June 29, 1994
Rationes Decidendi:
According to the amendment to the ICAA [BUL] of November 2, 1993, extraordinary remedies against court decisions on the annulment of
arbitral awards rendered by the BCCIC [BUL] are inadmissible.
An arbitral tribunal constituted as a result of party autonomy hears and decides disputes pursuant to its own (internal) rules.
An arbitral tribunal is not a state authority, and its decisions are not subject to extraordinary remedies; the same applies to court decisions on the annulment of arbitral awards.
The only remedy against an arbitral award is a motion for the annulment of the award by court. The court decision rendered in the annulment proceedings is final.
final decision
extraordinary remedy
procedural inadmissibility
state authority
fundamental breach of procedural rules
annulment/setting aside 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
