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Rules on expedient procedure in arbitration cases - 2017

Section I.
General Provisions

Art. 1 (1) The Rules on expedient procedure, hereafter called the Rules, provides the order in which the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (AC) hears domestic cases.
(2) The Rules shall apply in situations where the parties have expressly agreed so in an arbitration agreement, as well as when the claimant expressly states so in his/her statement of claim and the respondent agrees the case to be heard under the Rules for expedient procedure
(3) If the parties have not agreed otherwise, Rules of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry that is in force as of the date of the arbitration proceedings shall apply.
Section II.
Constitution of the Arbitral Tribunal, Replacement and Challenge of an Arbitrator
Art. 2 The Arbitral Tribunal shall be composed of a sole arbitrator.
Art. 3 (1) If the parties to the arbitration agreement have not agreed otherwise the claimant has the right to name 5 arbitrators included in the list of the arbitrators whom he/she would like to hear and resolve the case. The names shall be indicated in a separate appendix to the claimant’s statement of claims and shall not be sent to the respondent. The respondent shall have the same right within the set time limit for reply.
(2) If the same arbitrator has been named both by the claimant and the respondent, that arbitrator shall be regarded as the one to hear and resolve the case. The President of the Court of Arbitration shall appoint a substitute arbitrator.
(3) If the claimant and the respondent have named more than one arbitrator, that coincide, the President of the Court of Arbitration shall appoint an arbitrator and his/her substitute from those whose names coincide.
(4) In case that none of the named arbitrators by the claimant and respondent coincide, as well as when the claimant or the respondent have not exercised their rights in accordance with the preceding paragraphs, the President of the Court of Arbitration shall appoint an arbitrator and his/her substitute.
(5) The arbitrator and his/her substitute shall state whether they accept to take participate in the proceedings within 3 days from the date on which they were served with the notice stating their choice or their appointment. In such case, they must sign a declaration of impartiality and independence and explicitly state that they shall spare sufficient time on the case under the Rules for expedient procedure.
(6) In case that the arbitrator and/or his/her substitute do not accept to participate in the proceedings, the President of the Court of Arbitration shall appoint a new arbitrator and/or substitute arbitrator, preference given to those who have been named by both parties under the provisions set in Art. 3.
Art. 4 (1) The replacement of an arbitrator shall be conducted under the provisions and terms set in Art. 16 of the Rules of the AC at the BCCI, except the time limit during which the arbitrator is prevented from performing his/her duties or fails to do so, shall not exceed 15 days.
(2) In case of a replacement of an arbitrator, the President of the Court of Arbitration shall appoint a new substitute arbitrator, where preference is given to those named by both parties.
Art. 5 (1) Challenge of an arbitrator, based on the grounds listed in Art 17. para. 2 of the Rules of the AC at the BCCI shall be made no later than 3 days from the date when the party has obtained information of the appointment of the arbitrator and substitute arbitrator, or information about the circumstances providing grounds to the challenge.
(2) When not made during an open hearing of the case, the request for challenge shall be in writing and shall be immediately sent to the arbitrator (resp. the substitute arbitrator) and to the opponent party, who shall be obliged to express their opinion on the challenge within 3 days.
(3) If during the time limit given in the former paragraph the arbitrator (substitute arbitrator) does not resign and the opponent party objects to the challenge, the Abritral Tribunal shall decide whether to appoint a new arbitrator or to dismiss the challenge. In the last situation the challenging party has the rights stated in Art. 16 of LICA.
Section III.
Statement of Claims and Reply to the Statement of Claims
Art. 6 (1) The statement of claims shall be in accordance with the provisions set in Art. 5 of the Rules of the AC at the BCCI. The claimant shall be obliged to state all the facts on which the claim is based, as well as to indicate all the evidence and to submit the written evidence that he/she disposes of.
(2) The powers of attorney attached to the statement of claims shall contain information about the address, telephone, as well as the e-mail addresses of the attorney.
(3) A document representing a receipt for payment of the arbitration charge for accelerated procedure and a minimum deposit for expenses amounting to 50 leva shall be attached along with the claimant’s statement of claim.
Art. 7 (1) Joinder of claims shall only be admissible if all claims rest on the same grounds as well as when they represent penalties or interests on the principle claim. Irrespective of that claims for a contract to be terminated, declared terminated, declared void or rescinded from which contract the stated claims arise, shall be admissible.
(2) The joinder of claims against more than one respondent shall not be allowed unless in cases of joint liability.
Art. 8 An amendment of the case is possible either only concerning the grounds or the amount of the claim provided the limitation of Art. 7 are observed. A raise of the claim is admissible only if no collection of evidence that may delay the proceeding is necessary.
Art. 9 The respondent shall file a reply to the statement of claims 7 days from the date on which a copy of the statement of claims was received. In the reply the respondent shall state all his/her allegations and exhaust his/her objections, as well as indicate all evidence and submit the written evidence that he/she disposes of. The claimant shall be obliged to form an opinion regarding the evidence included in his/her statement of claim. The time limit set by the former Article may be extended in case of extraordinary, unforeseen circumstances.
Art. 10 (1) The respondent may submit a counter claim or a request for set-off within the time limit for reply and in accordance with the conditions set in Art. 7, only if within the same time limit all written evidence is submitted and all the necessary arbitration charges and the deposits regarding them are paid. Otherwise, the counter claim or the set-off request shall not be heard.
(2) The request for a set-off may be submitted at a later stage if no further collection of evidence is necessary and if at the moment of its submission all the necessary arbitration charges and deposits for expenses are paid.
(3) Art. 9 shall apply to the reply to the counter claim and to the request for set-off.
Art. 11 (1) After the statement of claims is submitted and the reply is filed, the parties may state facts and submit evidence only for the impugnement of the allegations stated by the opponent party in due time and manner. In all other circumstances the parties may state new facts, present new evidence, only if they could not have done so within the set time limits, for reasons beyond their control.
(2) The provisions of the former paragraph shall apply accordingly in respect of the counter claim and the request for set-off.
Art. 12 Along with the statement of claims, the counter claim and the request for set-off respectively, the party shall attach a calculation concerning the size of the principal amount as well as the penalties claimed.
Section IV.
Serving of Summonses and Notices.
Submission of Documents and Papers on the Case
Art. 13 The summonses and notices shall be in writing and shall be sent by registered express mail with advice of delivery either by a courier, fax and, if the opponent party so agrees, by electronic mail, as well as by other means of communication which provide delivery notification. The summonses that inform about an open hearing of the case shall have been received by the parties no later than 7 days before the court hearing.
Art. 14 The parties may present documents in support of the case, except for the statement of claims, the reply to the claim, the counter claim and the request for set-off, and the attachments there to by fax, e- mail or other technological means that can provide outprint and preservation of the documents and papers in the file of the case. In case of submission of documents by fax or e-mail, the Secretariat ex officie shall make cope to be attached to the file and also if needed, for delivery to the opponent party.
Section V.
Hearing of the Case
Art. 15 (1) After the expiry of the deadline for reply to the statement of claims, resp. to the counter claim, taking into consideration the parties’ statements, their requests and evidence presented, the Arbitral Tribunal with a ruling in a preliminary session, shall determine the manner and the dates for hearing the case. With this ruling the Arbitral Tribunal shall also resolve any objections regarding the applicability of the present Rules.
(2) The Arbitral Tribunal may declare that it will hear and resolve the case only on the basis of evidence presented, including the calculations under Art. 12 (1), by giving the parties an opportunity to file written opinions and replicas in accordance with Art. 5
(3) If the Arbitral Tribunal decides that the case will be heard in an open session, it will set a date for the hearing no later than 15 days from the rendering of the ruling.
(4) With its ruling the Arbitral Tribunal may admit cross-examination of witnesses and appoint an expert witness. The failure of an admitted witness to appear on the set date shall not impede the Arbitral Tribunal to resort to rendering an award.
(5) After clarifying the dispute from factual and legal standpoint the Arbitral Tribunal grants the parties a deadline for their written opinions and replicas, which they shall not exceed 5, respectively 3 days, after which it proceeds to rendering of an award.
Section VI.
Conclusion of Proceedings
Art. 16 (1) The Arbitral Tribunal shall render an award to the case within 10 days after the expiry of the time limit for the delivery of opinions and replicas.
(2) The Arbitral Tribunal shall render a Ruling within the time limit set in the former paragraph, with which it terminates the case, if it finds that the prerequisites for the rendering of an award based on the merits of the case are not present.
(3) When a settlement, that the parties wish to be a reproduction of an arbitral award on agreed terms is reached the Arbitral Tribunal renders an award within 5 days following the filing of the request and the reaching of the settlement.
Section VII.
Charges and Expenses
Art. 17 (1) (Amended, effective as of 01.01.2017) On expedient procedures, arbitration charge amounting to 70% of that charge determined by Paragraph 2, s. 2 of the Tariff of arbitration charges and expenses for disputes subject to hearings by the Court of Arbitration at the BCCI shall be collected.
(2) For all other issues that are related to expenses incurred in connection with expedient procedures, the Tariff of the preceding Articles shall apply, except for Paragraph 3, s. 1 of the same.
Section VIII.
Issues non governed by the Rules
Art. 18 Unless otherwise agreed by the parties regarding issues non governed by the Rules, arbitrators shall apply the Rules of the Arbitration Court at the BCCI, which shall take effect at the commencement of the proceeding taking into account the goals of the Expedient procedure; in all events they shall ensure an equal opportunity for defense for each party,
These Rules were adopted by the Executive Council of the BCCI with Decision No. 3/29-2004 of 21.12.2004 and became effective as of 01.01.2005 amended with Decision of the Executive Council of the BCCI No. 67/21-2011 of 15.11.2011 and became effective as of 15.11.2011.
(New, effective as of 01.01.2017) Only the respective texts adopted by resolution of the Executive Council of the BCCI No. 72/27 – 2016 of 29.11.2016 are indicated as "amended, supplemented" and "new" and they became effective as of 01.01.2017.