TARIFF OF ARBITRATION CHARGES AND EXPENSES FOR DOMESTIC DISPUTES SUBJECT TO HEARINGS BY THE COURT OF ARBITRATION AT THE BULGARIAN CHAMBER OF COMMERCE AND INDUSTRY, EFFECTIVE AS OF 1 FEBRUARY 2002
(Adopted by the Executive Counsel of BCCI under resolution No. 47/3-2002 of 29 January 2002, amended and supplemented by resolution No. 85/20-2007 from 24 August 2007, effective from 1 September 2007, effective as of 1 September 2007 , amended and supplemented by resolution of the Executive Counsel of BCCI No.67/21-2011 from 15.11.2011 effective as of 1 January 2012).

PARAGRAPH 1 Arbitration Charges and Deposits
PARAGRAPH 2 Arbitration Charge Rates
PARAGRAPH 3 Reduction and Partial Refunding of Arbitration Charges
PARAGRAPH 4 Arbitration Charge on Counter-claims and Requests for Set-off
PARAGRAPH 5 Deposit for Arbitration Expenses
PARAGRAPH 6 Expenses for Collection of Evidence on the Case
PARAGRAPH 7 Additional Expenses
PARAGRAPH 8 Liabilities of Parties for Arbitration Charges, Deposits and Other Expenses

 

PARAGRAPH 1. Arbitration Charges and Deposits
(1) Arbitration proceedings shall involve payment of charges and a deposit for expenses.
(2) “Arbitration charge” is the amount, paid to cover the overall expenses of the Court of Arbitration, including the fees of the arbitrators.
(3) “Deposit” is the amount, paid for the expenses, incurred in connection with the individual cases for summonses and notices, serving papers, fees for interpreters, shorthand recording of minutes, issue of certificates, etc.
Go to TOP   HOME

 

PARAGRAPH 2. Arbitration Charge Rates
(1) The Court of Arbitration shall collect arbitration charges, depending on the value of the claim, according to the following table:

Value of the claim in BG levs

Arbitration charge in BG levs

up to 1 000

200

from 1 001 to 10 000

200
+ 4 .5% for the sum over 1 000

from 10 000 to 100 000

605
+ 3 .5 % for the sum over 10 000

from 100 000 to 500 000

3 755
+ 2.5% for the sum over 100 000

from 500 00 0 to 1 000 000

13 755
+ 1.5% for the sum over 500 000

over 1 000 000

21 255
+ 1 % for the sum over 1 000 000

 

(2) The arbitration charge shall be paid in advance. When paid by a bank remittance, the charge shall be considered paid on the day of crediting the bank account of BCCI.
(3) In case of increase in the value of the claim, an extra charge shall be paid and its amount shall be the difference between the charge already paid and the charge due on the value of the claim after the increase.
(4)

In case of objective joinder of claims, if the total price of the claims is under 50 000 BG levs, the Arbitration charge shall be increased as follows:

  • If the number of claims joined is between 3 and 5 – the arbitration charge as defined in the above table shall be multiplied by 1.2;
  • If the number of claims joined is between 5 and 10 – the arbitration charge shall be multiplied by 1.5;
  • If the number of claims joined is over 10 – the arbitration charge shall be multiplied by 2.
Go to TOP   HOME

 

PARAGRAPH 3. Reduction and Partial Refunding of Arbitration Charges
(1) If the dispute is to be heard by a sole arbitrator, the amount of the arbitration charge as per § 2, item 1, shall be reduced by 50%.
(2)

In case of termination of the proceeding, the claimant shall be refunded as follows:

  1. 75% of the amount paid of the arbitration charge and deposit, if the termination has taken place before the Arbitral Tribunal has started any proceedings on preparation of the hearing of the case;
  2. 50% of the amount paid of the arbitration charge, when the case has been terminated after the Arbitral Tribunal has started the proceedings on the hearing;
  3. 25% of the amount paid of the arbitration charge when the ruling on the challenge of jurisdiction is rendered in the award to the case , in the event of termination of proceedings due to an eventual claim or an eventual objection to a set-off, awarded during the hearing, as well as when the parties have requested termination of proceedings within the time limit for rendering of the award.
(3) The provisions of the above para shall not apply when the minimum amount of the charge is paid, as well as when the claimant has retrieved the claim or has remained inactive, even after the Arbitral Tribunal has rendered a preliminary award, entirely determining the outcome of the case.
(4) The ruling for refunding a part of the amount of arbitration charge shall be rendered by the Arbitral Tribunal and when the Tribunal has not been composed - by the President of the Court of Arbitration.
Go to TOP   HOME

 

PARAGRAPH 4. Arbitration Charge on Counter-claims and Requests for Set-off

The arbitration charges on counter-claims and requests for set-off shall be collected according to the provisions for charges concerning the principal claim.

Go to TOP   HOME

 

PARAGRAPH 5. Deposit for Arbitration Expenses
(1) The expenses deposit shall be determined by the President of the Court of Arbitration and shall be advanced by the claimant.
(2) The deposit shall be accounted for by the Arbitral Tribunal upon rendering the award or termination of the proceedings. The Tribunal shall instruct BCCI to refund the unused part of the deposit to the claimant and respectively shall ask the latter to pay the difference between the deposit and the real amount of the expenses incurred in the course of the proceedings. If no Arbitral Tribunal has been composed, the deposit shall be accounted for by the President of the Court of Arbitration.
Go to TOP   HOME

 

PARAGRAPH 6. Expenses for Collection of Evidence on the Case
(1) The amounts related to the fees of experts and, if necessary, their travel and daily allowances for preparation of their opinions, as well as the expenses for in situ inspections shall be advanced by the parties requesting such measures, in amounts determined by the Arbitral Tribunal.
(2) The expenses paid to witnesses shall be for the account of the party requesting their testimony.
Go to TOP   HOME

 

PARAGRAPH 7. Additional Expenses
(1) When on request of the parties the sessions of the Arbitral Tribunal are to be held outside the seat of the Court of Arbitration, the additional expenses shall be advanced by the parties in equal shares.

These expenses shall be accounted for by the Arbitral Tribunal following the termination of proceedings. The Tribunal shall arrange refunding of the unused amounts, if any, and order the payment of any excess expenses respectively.

(2) The party which has appointed an arbitrator, whose participation in the sessions of the Arbitral Tribunal is connected with travel and sojourn costs in Sofia, where the seat of the Court of Arbitration is, shall advance the amount of these expenses which shall be for its account, regardless of the outcome of the proceedings.
Go to TOP   HOME

 

PARAGRAPH 8. Liabilities of Parties for Arbitration Charges, Deposits and Other Expenses
(1) Unless otherwise agreed upon by the parties, the expenses covering arbitration charges, deposits and collection of evidence on the case, shall be borne by the party against which the award is rendered, and when a part of the claim is granted, these expenses shall be adjudicated in proportion to the granted and rejected parts of the claim. Expenses paid to witness shall be adjudicated if proved by the party claiming these expenses but their amount shall not exceed the rates established by law.
(2) The respondent shall be entitled to expenses in case of termination of the proceedings as well.
(3) The party in whose favour the award is rendered, may request adjudication of the normal expenses for its participation in the case. These expenses shall be proved before the Court of Arbitration
(4) The party which has used legal representation by an attorney on the case but has failed to produce evidence concerning the expenses incurred, shall be adjudicated the minimum rate as fixed by the Tariff for attorneys’ fees.
Go to TOP   HOME