Bulgaria
Only a Final (Foreign) Arbitral Award Can Be Recognized and Enforced; A Partial Arbitral Award Cannot Be Recognized and Enforced; Conditions for the Recognition and Application of Procedural Regulations Valid in the Place of Recognition (Supreme Cassation Court; 23 February 2009)Arbitration Agreement in the Form of a Reference to General Terms and Conditions; FIDIC Rules (Sofia District Court; 7 November 2008)Party Authorized to Enforce an Arbitral Award; Assignment of a Claim and Burden of Proof (Sofia Appeals Court; 22 February 2007)Examination of Reasons for Refusing the Recognition / Enforcement of a Foreign Arbitral Award Based on Objection Raised by the Party against Whom It Has Been Invoked (Article 5(1)) and Based on the Competent Authority (Article 5(2) of the New York Convention); Rejection of Arguments on the Merits That Could Be Used in Arbitral Proceedings (Sofia City Court; 16 February 2008)The Exclusive Jurisdiction of the Supreme Cassation Court of Bulgaria to Annul Arbitral Awards; Non-Application of the Code of Civil Procedure (Supreme Cassation Court; 24 February 2009)Payment of a Security as a Prerequisite for a Suspension of the Enforcement of an Arbitral Award; Independence of Arbitral Award Enforcement and Annulment Proceedings (Supreme Cassation Court; 19 March 2009)Initiation of Arbitral Award Annulment Proceedings and Requirements for an Annulment Request; Prohibition of a Review on the Merits (Supreme Cassation Court; 1 December 2009)National Registration Authority of Top-Level Domain Names and Its Arbitration Board as an Authority Possessing Special Powers, Which Does Not Resolve Disputes in Accordance with the Arbitration Act (Supreme Cassation Court; 30 March 2010)Independence of an Arbitration Clause from the Main Contract and the Duty of a Court to Examine the Validity of an Arbitration Clause before Issuing a Ruling on a Challenge of Jurisdiction (Appeals Court of Veliko Tarnovo; 23 June 2008)Municipality, State (Foreign State), and State Agency (Foreign State Agency) as a Party to Arbitration in Bulgaria (Supreme Cassation Court; 28 October 2008)
Czech Republic
Prohibition of Reviewing Arbitral Awards on the Merits of the Case (Prohibition of Révision au Fond); Review of the Merits in Confl ict with the Purpose and Spirit of Arbitration; Transfer of Jurisdiction over the Merits of the Case from the Judge (Court) to the Arbitrator (Czech Supreme Court; October 30, 2009)Arbitration Clause as an Integral Part of General Terms of Contract; Prerequisites for Proceedings before a General Court Are Not Met due to Arbitration Agreement (Czech Supreme Court; April 28, 2010)Arbitration Clause as an Integral Part of General Terms of Contract; Prerequisites for Proceedings before a General Court Are Not Met due to Arbitration Agreement (Czech Supreme Court; July 27, 2010)Formal Requirements for Arbitration Agreements (Arbitration Clauses); Waiver of the Written Form; Consumer Protection under Special Law, as Opposed to under the Act on Arbitration (Czech Supreme Court; June 29, 2010)Scope of the Arbitration Agreement in Terms of Substance and Interpretation of Same Pursuant to Substantive (Civil) Law; Unjust Enrichment as Subject Matter of Disputes in Arbitration (Arbitrability) (Czech Supreme Court; September 15, 2009)Arbitral Award Issued in Matters of a Consumer Dispute and Its Assessment in Enforcement Proceedings (Plzeň-město District Court; November 22, 2010)Prohibition of Judicial Review of the Substance of Arbitral Awards; Inadmissibility of Annulment of Arbitral Awards on Grounds of a Confl ict with Good Morals (Czech Supreme Court; October 30, 2009)Court Is Bound by Decision on the Arbitrators’ Lack of Jurisdiction Served by Arbitration Panel; Decision-Making by Way of a Jurisdictional Decision; Status of the Arbitration Court Attached to the Economic Chamber of the Czech Republic and to the Agricultural Chamber of the Czech Republic. (Czech Supreme Court; February 25, 2010)Arbitration Clauses as a Part of General Terms and Conditions of Contract; Arbitration Agreements Causing the Absence of the Prerequisites for Proceedings before a General Court (Czech Supreme Court; April 28, 2010)
Hungary
Assessment of Objective and Subjective Arbitrability Based on the Factual Nature of a Claim; Rights In Rem versus Contractual ObligationsA Ruling on the Authority of Arbitrators in the Sense of a Ruling of Procedural Nature against Which a Separate Request for the Annulment of an Arbitral Award Cannot Be Made; Public Policy Exclusively as a Qualifi ed Violation of Fundamental Legal PrinciplesForeign Public Policy versus Domestic Public Policy and the Execution of Foreign Arbitral AwardsResignation of an ArbitratorThe Legal Force of Arbitral Awards as a Basis for Applying the Res Iudicata PrincipleDiscontinuance of Court Litigation due to the Existence of a Valid Arbitration Agreement; Dismissal of Court Action in Respect of a Decision on the MeritsRight to Demand the Annulment of an Arbitral Award; Secondary Participation in Proceedings Is Not One of the Fundamental Rights Protected by the Constitution and No Right Exists to Such Participation Th at Could Be Claimed by Legal MeansQualified Violation of Fundamental Rights as a Violation of Public Policy (Ordre Public); Parties to Proceedings on the Annulment of an Arbitral Award; Prohibition to Examine New Evidence in Annulment ProceedingsRight to Present a Case (Right to a Fair Trial); An Arbitral Award Must Be Based on the Facts and Legal Issues Examined in Arbitral ProceedingsThe Extensive Leeway of Arbitrators for the Determination of the Margin of Freedom Given to Parties for Presenting Their Case (Fair Trial in Arbitral Proceedings); Jurisdiction regarding Claims Raised by Means of Setoff Objection
Poland
The Possibility of Reaching a Settlement as a Condition of Arbitrability: Irrelevance whether the Subject of Dispute (Settlement) Is a Property or Non-Property RightThe Subject-Matter of an Arbitration Agreement
and Arbitrability; A Legal Relationship versus a
ClaimArbitrability of Claims of Unfair Competition
(a Claim for Unjust Enrichment)The Relevance of a Decision of a Foreign Court
to the Recognition and Enforcement of an Arbitral
Award; The New York Convention
on the Recognition and Enforcement
of Foreign Arbitral AwardsObligation of a Party in Proceedings on the Nullity
of an Arbitral Award; Nullity of an Arbitration
AgreementProhibition of Review in Relation to the Application of Substantive Law (Revision Au Fond) and Limited Exception in the Context of Public Policy“Hearing of a Case” in Proceedings on the Annulment of an Arbitral AwardWithdrawal of a Plea of the [Non-]Existence of an Arbitration Agreement in Proceedings on the Annulment of an Arbitral AwardArbitrability of Disputes Related to [Business] CompaniesProcedural Rules Applicable to Proceedings on an Application for the Annulment of an Arbitral Award; Disputes under a Lease Contract
Russian Federation
Russian Federation