Judgment of Supreme Court of Cassation No. 6, Commercial Case No. 696/2008 of February 9, 2009 (in C. EAD v. E. OOD I.T.)
Rationes Decidendi:
The term “public policy” refers to fundamental principles of the Bulgarian legal system and protects fundamental values that must be observed. These include principles of both substantive and procedural law, and express basic legal ideas and values of state and society. Such principles include, inter alia, the principle of the rule of law, the determination of the objective truth, the equality of the parties in the proceedings, the principles of adversarial proceedings, etc. A violation of the principle of equality of the parties in arbitration constitutes grounds for the annulment of the arbitral award.
The court is not allowed to examine the decision on the merits and revisit the case that was the subject of the arbitration proceedings.
adversarial proceedings
objective truth
legal ideas
subject of the arbitration proceedings
equality of the parties
decision on the merits
public policy
fundamental values
basic principles of law
substantive and procedural law
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
