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Feature: Translation:Prof. Silvy Chernev, Anna Chaleva, Ventzislava Zheliazkova
Detailed description: In 2017 the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry will celebrate its 120th anniversary. On this occasion, a jubilee scientific and theoretical conference with foreign participation will be held.
This fact makes the present publication in the English language a jubilee event, issued with the purpose to inform the foreign participants at the Conference about the major trends in the case law of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry - the oldest and of the highest reputation and, until recently, the only arbitration institution in our country.
This publication includes representative practices of the Court of Arbitration during the period 2011-2015, which reflect the established line of the institution of law enforcement on domestic and international arbitration cases. Traditionally, the compendium of the Court’s practices consists of two sections: substantive law and procedural law. These comprise selected awards with annotations to each one regarding the individual normative acts applied by the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry. The brief annotation includes identification of the legal issue and its resolution by the court through the act it has rendered - an award on the arbitration dispute. The standard approach for compiling of similar compendia was applied by reproducing the original text of the published awards. Only those parts of the Reasons were abbreviated that refer to the identification of the parties or are a trivial statement made during the arbitration proceedings, while a significant part of such reasons remained that is directly related to the issue about the applicable substantive legal or procedural norm for the resolution of the dispute. To facilitate the reader, this book’s last section is a reference one: it contains a list of the published awards with a consecutive number of publication, index or awards and rulings under normative texts as well as index on the matter of separate institutions of the applicable substantive and procedural law.
This publication of the practices of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry in the English language with its numerous inclusions of representative awards on both domestic and international arbitration cases indicates the reputation of this court both as a national and as an international arbitration institution as well.
This publication can raise the awareness of the foreign reader about the practices of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry in the field of law enforcement not only in a practical applied aspect referring to interpretation by the court of the applicable law in the international arbitration process.
The information contained in the book is of scientific and theoretical significance as this information could become the source of new ideas and resolutions of traditional legal issues of international arbitration in private legal disputes.
NOTE OF THE TRANSLATORS
The review represents selected 120 Arbitral acts (Awards and some Rulings) each one taking two pages for reader's convenience as follows
On the left page the act is reported by giving a short notation on the particular case and by quoting the legal regulations concerned. For those who are interested in the act in full, the corresponding Periodical review on the cases of the Arbitration Court at BCCI 2000-2010 is indicated in brackets.
The applicable regulations of Bulgarian domestic and the respective international legislation are to be found on the right page with most of the items.
The translation in English are taken from different sources including official, but the translators have chosen not to adhere to such in all cases.