RULES OF ESTABLISHING, REVIEWING AND RESOLVING THE CASES BY THE COURT OF ARBITRATION
AT THE EUROPEAN JUDICIAL CHAMBER
Art. 1. (1) The Rules hereby settle the regulations for establishing and reviewing of the arbitration proceedings and resolving of arbitration disputes by the Court of Arbitration at the European Judicial Chamber association, hereafter referred to as CA at the EJC.
(2) CA is an independent, voluntary jurisdiction institution that resolves proprietary civil and commercial disputes, as well as disputes related to filling gaps in contracts or their adaptation to newly arisen circumstances, irrespective of whether the seat or domicile of one or both parties is in the Republic of Bulgaria or abroad.
(3) Disputes over property rights, possession of immovable or alimony, labour relations rights as well as consumer disputes are outside of the jurisdiction of the CA at the EJC.
Grounds of Jurisdiction
Art. 2. (1) CA proceeds and resolves disputes provided the disputes have been submitted to it by virtue of an arbitration agreement.
(2) Arbitration agreement is consent between parties to submit to the CA the settlement of a civil or commercial dispute.
(3) The arbitration agreement shall be in writing. The agreement shall be deemed of being in writing also when contained in letters, offers or other written means of communication or electronically under the provisions of the Electronic Document and Electronic Signature Act.
(4) An arbitration agreement may be incorporated in a contract as an arbitration clause. The nullity of a contract shall not mean ipso facto the invalidity of the arbitration agreement therein.
(5) An arbitration agreement shall be considered present also when:
1. the respondent to a statement of claim before the CA, either in writing or by means of a statement, recorded into the minutes of the arbitration hearing, agrees the dispute to be heard by the CA or;
2. the respondent to a statement of claim before the CA participates in the arbitration proceedings without challenging the jurisdiction of the CA.
Applicable Procedural Rules
Art. 3. (1) Unless the parties agree otherwise, the arbitration proceedings are conducted in accordance with these Rules.
(2) The CA shall apply the rules related to the proceedings on the case as agreed on by the parties, except when they contradict any mandatory provisions of the applicable law on arbitration or the principles of these Rules.
(3) Regarding issues not governed by these Rules or by an agreement of the parties, the arbitrators shall proceed in accordance with their reasonable discretion, guided by the nature of the arbitration and the issue at dispute, ensuring in any event equal opportunity for defence to each party.
COMPOSITION OF THE ARBITRATION PROCEEDINGS
Submission of the Statement of Claim
Art. 4. (1) Arbitration proceedings shall commence with the submission of a statement of claim to the CA.
(2) The statement of claim shall be considered filed on the day when it was registered by the Administrative Department of the CA.
Required Content of the Statement of Claim
Art. 5. (1) A statement of claim shall contain:
1. the full names of the parties;
2. the addresses of the parties, telephone, and when available – telefax and e-mail address;
3. the value of the claim, where it could be estimated;
4. a statement of facts on which the claim is based;
5. the remedy sought by the claimant;
6. evidence to support the claim;
7. the name of the arbitrator and the substitute arbitrator or a request that the arbitrator and the substitute arbitrator be appointed by the Chairman of the CA;
8. a list of documents, attached to the statement of claim;
9. the signature of the claimant.
(2) Claimants that are foreign persons shall indicate in the statement an address for correspondence in Bulgaria.
(3) The following documents shall be attached to the statement of claim:
1. the arbitration agreement (if there is a signed one), respectively the documents in which it is incorporated. In case the claimant is unable to provide some of the documents incorporating the arbitration agreement he/she shall explicitly state so.
2. actual status certificates of the claimant and the respondent, or excerpts from a register provided they are legal persons or merchants;
3. the written evidence indicated in the statement of claim;
4. a receipt for payment of the arbitration fee;
5. copies of the statement of claim and of the written evidence thereto corresponding to the number of respondents, and one additional copy for a back-up file in the CA.
(4) When the statement of claim and the attachments thereto are composed in a foreign language, they shall be accompanied with an official translation (by a Translation Agency authorized by the Ministry of Foreign Affairs of the Republic of Bulgaria) in Bulgarian.
(5) If possible, the parties shall enclose the text of the statement of claim and the accompanying documents on electronic carrier.
Value of the Claim
Art. 6. (1) The value of the claim shall be determined:
1. for money claims – by the amount at issue;
2. concerning claims for surrender of property – over their equivalent real value;
3. concerning claims for a specific action or inaction – by the value of the proprietary interest of the claimant;
4. concerning claims for declaratory relief, validity or invalidity of a contract or other transaction, as well as termination or modification of the contract, respectively the transaction – by the value of the contract, respectively the transaction at the time of submission of the statement of claim;
5. concerning claims for declaratory relief or inexistence of legal relations – by the value of the relation at the time of submission of the statement of claim;
(2) When the statement of claim contains several claims the value of each claim shall be indicated separately.
(3) The claimant shall pay arbitration charge on the basis of the sum total of all claims, while the respondent shall pay arbitration charge on the basis of the values of the submitted counter-claims and requests for set-off.
Assessment of the Statement of Claim
Art. 7. Should the statement of claim falls short of the provisions of art. 5, the Chairman of the Court shall notify the claimant a to correct the shortcomings. No court proceedings shall be undertaken until the correction of the shortcomings.
Initiation of the Arbitration Proceedings
Art. 8. Arbitration proceedings shall commence immediately with the submission of a statement of claim to the CA, respectively after correction of its shortcomings under art. 7. In both cases, from the time the statement of claim is brought in court under art. 4, the case is considered pending under.
Reply to the Statement of Claim
Art. 9. (1) Within three days of receiving the statement of claim or of correcting the shortcomings, the Administrative Department of the CA shall serve on a copy of the statement of claim with all the attached documents to the indicated respondents.
(2) At the same time the Administrative Department shall inform the respondent that within 14 days from the date of receipt of the statement of claim he/she can submit a response to that statement.
(3) The response to the statement of claim by the respondent shall contain the name of the selected arbitrator and the substitute arbitrator or an application the arbitrator and the substitute arbitrator to be appointed by the Chairman of CA. In the response to the statement of claim the respondent may challenge the facts alleged by the claimant, may point out objections to the claim and support them with evidence and may submit written evidence.
(4) The absence of a reply to the statement of claim shall not be deemed to mean acceptance of the claim.
(5) Within the time limit for submitting the response to the statement of claim the respondent may submit a counter claim if the dispute concerning his/her receivable is within the jurisdiction of the CA.
(6) A request for set-off may be submitted until the end of the arbitration research.
SERVING OF DOCUMENTS, SUMMONINGS AND NOTICE
Serving of Documents
Art. 10. (1) The statement of claim, the response to the statement of claim, the arbitration award and the rulings shall be sent through the postal offices or a courier against a document of receipt.
(2) The summonses and other notices can be sent by e-mail, telefax or other common means and shall be considered served if the said media is capable of verifying the sending.
(3) The papers under para. (1) and (2) can be served personally on the party or on its representative against a document of receipt.
(4) The Administrative Department shall send to the parties all relevant papers to the addresses indicated by them, or to the addresses of their duly authorized representatives.
(5) In case the legal persons and merchants cannot be found at the address indicated in the statement of claim, they shall be summoned at the management address submitted to a register provided that it differs from the one in the statement of claim. If they cannot be found at the address, the papers shall be attached to the case and shall be deemed duly served.
(6) When the seat, domicile, habitual place of residence or the postal address of the recipient party cannot be traced after a diligent inquiry the papers, notices or summonses shall be deemed received if sent to its latest known seat, domicile, habitual place of residence or postal address by registered mail or by any other means which can certify the attempt for delivery.
(7) When the papers are sent by mail or a courier they are deemed received even when the recipient has refused or has not appeared at the post office to receive them and the office verifies that.
(8) When sending by mail or courier, the date of receipt is the date on which the recipient has received the letter, respectively the date on which he was invited to receive the papers and has refused or has not appeared to receive it.
(9) When sending e-mail or telefax the date of receipt is the date of the successful transmission of the document. The sending shall be verified in writing by the Administrative Department of the CA with a copy of the e-mail of the CA, respectively the acknowledgment of receipt of the fax, that shall be attached to the file.
(10) The time limits for procedural acts of the parties shall commence from the date on which the addressee received or is deemed to have received the notice under this article. If the last day of the term falls on a holiday, the time limit shall expire on the first weekday after the holiday.
Art. 11. (1) The CA shall hear and resolve the disputes referred to it through an Arbitral Tribunal, which can be composed of a sole arbitrator for pre-contractual arbitration or of three arbitrators for dispute settlement on the merits.
(2) The parties shall appoint arbitrator and substitute arbitrator from the List of Arbitrators. The arbitrators appointed by the parties shall elect the third arbitrator who reports and presides the hearings.
(3) The selected arbitrators shall sign and present a written statement before the Chairman of the CA in accordance with Art.6, para (4) of the Statute, written statement of consent with the appointment, written statement in accordance with Art.11, para (3)of the International Commercial Arbitration Law and written statement in accordance with Art.6, para (3) of the Statute.
(4) The Arbitral Tribunal may be also appointed with arbitration agreement and in that case it could be composed of a sole arbitrator.
(5) When arbitrators and/or substitute arbitrators are not indicated in the statement of claim, the reply of the respondent or the arbitration agreement, they shall be appointed ex officio by the Chairman of the CA.
(6) A separate List of Arbitrators is kept for disputes between parties with domicile or seat in the Republic of Bulgaria (domestic cases), different from the List for disputes where at least one of the parties has domicile or seat abroad (international cases). In domestic cases where a party to the dispute is an entity with foreign participation, arbitrators may also be persons who are not citizens of the Republic of Bulgaria. The lists of arbitrators for domestic and international disputes are binding for Bulgarian entities and only recommended for foreign entities and Bulgarian entities with foreign participation. In this case, the disputing parties mutually agree on an arbitrator or arbitrators and their remuneration. If the parties fail to reach agreement on these issues, they shall be resolved by the Chairman of CA.
Presiding Arbitrator of the Arbitral Tribunal
Art. 12. (1) After receiving the statements of the arbitrators named by the parties, the Chairman of the CA shall invite them within 7 days to elect the presiding arbitrator of the Arbitral Tribunal.
(2) In case the arbitrators of the parties fail to elect the presiding arbitrator of the Arbitral Tribunal within the time limits of the preceding para, the Chairman of the CA shall appoint such presiding arbitrator within three days with a decision which is final.
(3) Within three days from the constitution of the Arbitral Tribunal the arbitrators select an arbitrator reporting the case. If the arbitrator reporting the case is not selected within the said term, for arbitrator reporting the case shall be considered the presiding arbitrator of the Arbitral Tribunal.
Replacement of an Arbitrator
Art. 13.(1) If an arbitrator refuses to accept his/her appointment, does not sign the statement under Art.6, para (4) of the Statute, is suddenly prevented to participate in a scheduled hearing or is unable to do his/her duty for over 30 days, he shall be replaced by the substitute arbitrator who shall continue the case until its final completion. The substitute arbitrator shall present the statement and consent to his/her appointment under Art. 11. para (3), written statement in accordance with Art.11, para (3)of the International Commercial Arbitration Law and written statement in accordance with Art.6, para (3) of the Statute.
(2) The arbitrator appointed as a presiding arbitrator of the Arbitral Tribunal shall be replaced under the provisions and following the procedure of para (1).
(3) If the circumstances under para (1) occur towards the substitute arbitrator, the party that has appointed him/her shall be invited to appoint another arbitrator and substitute arbitrator.
Challenge of Arbitrators
Art. 14. (1) Each arbitrator has to be impartial and independent towards the parties from the time of their nomination until completion of the entire arbitration proceedings.
(2) If there are circumstances which may give rise to reasonable doubts with respect to the impartiality or independence of the arbitrator, they shall be indicated in the statement under Art.6, para (4) of the Statute. If the circumstances occur after the submission of the statement, the arbitrator is obliged to submit a new statement.
(3) The parties to the case may challenge an arbitrator and the presiding arbitrator of the Arbitral Tribunal when there is doubt about their impartiality and if there is data that they personally, directly or indirectly, have an interest in the outcome of the case.
Procedure for Challenge
Art. 15. (1) The request for challenge shall be made in writing to the Arbitral Tribunal within 7 days from the time the challenging party has obtained information about the composition of the Arbitral Tribunal or after the party has obtained information of circumstances providing grounds for doubt about impartiality. The reasons for challenge and the proofs thereof shall be indicated in the request.
(2) No challenge shall be made after the case is declared clarified in terms of factual and legal matters and after the Arbitral Tribunal has proceeded to render the award.
(3) If the arbitrator does not resign and the opponent party objects to the challenge, the Chairman of the CA shall decide on the challenge per se.
(4) When the opponent party approves of the challenge or the challenge has been granted, the new arbitrator or the presiding arbitrator of the Arbitral Tribunal shall be appointed or elected in compliance with the provisions of these Rules.
Challenge of Experts and Interpreters
Art. 16. A challenge of an expert or an interpreter can be made on the grounds provided for in art. 14 and 15 of these Rules. The ruling of the Arbitral Tribunal shall be final.
HEARING THE DISPUTE
Preparation for the Hearing
Art. 17. (1) The Arbitral Tribunal shall hold a preliminary session to conduct a supervision for the preparation for the hearing of the case and admission of the evidence indicated and presented by the parties.
(2) At the preliminary session the Arbitral Tribunal performs a formal verification of the presence of arbitration agreement. In case of absence of arbitration agreement in the statement of claim, the claimant shall be instructed to present such or to state in writing that despite of the absence of arbitration agreement he/she wishes a hearing of the dispute to be scheduled. If the claimant does not comply with the instruction, the proceeding shall be terminated.
(3) The parties shall not be summoned and attend the preliminary session. They shall be notified in writing for the undertaken measures and the terms for their execution.
(4) The presiding arbitrator of the Arbitral Tribunal gives the Administrative Department of the CA instructions for the preparation of the case and entrusts it the summoning of the parties, witnesses, experts and interpreters.
Place of the Hearing
Art. 18. (1) The sessions of the Court shall take place in Sofia.
(2) When necessary the Arbitral Tribunal may, on a request of the parties, hold the hearings at another venue as well. In that case, the expenses shall be covered beforehand by the party that has requested the hearing to be held elsewhere.
Summoning of the Parties to Hearings
Art. 19. (1) For the scheduled hearings to the parties shall be served summonses indicating the date, hour and place of the hearing. Summonses and notices shall be served at least 7 days prior to the date of the hearing.
(2) By consent of the parties a shorter period for preparation may be fixed.
Language of the Hearing
Art.20. (1) The hearing of the case shall be conducted in the Bulgarian language, unless the parties agree to use another language.
(2) The agreement on the use of another language shall be reached before the composition of the Arbitral Tribunal.
(3) When a party to the case has no command of Bulgarian, the Arbitral Tribunal shall appoint an interpreter. The fee of the interpreter shall be for the account of that party, irrespective of the outcome of the case.
Challenge of Jurisdiction of the Court
Art. 21. (1) The Arbitral Tribunal shall decide on the jurisdiction of the Court of Arbitration including when the jurisdiction has been challenged on the grounds of absence or invalidity of the arbitration agreement.
(2) The challenge of the jurisdiction of the CA shall be made with the reply to the statement of claim at the latest. Even when made later. a challenge of jurisdiction may be granted if there is a justifiable reason for such delay.
(3) The Arbitral Tribunal shall render a ruling on the challenge of jurisdiction before discussing the case on its merits, except if the resolution of the dispute on the jurisdiction is substantiated by the solution of the dispute on the merits of the case.
(4) If the Arbitral Tribunal rejects the challenge of jurisdiction, the arbitration proceedings shall continue, notwithstanding the refusal of the respondent or his abstention from participation in the hearing of the case.
Sessions for Hearing the Dispute
Art. 22. (1) The case shall be heard in a session in which the parties may participate in person or through a duly authorized representatives who may be foreign citizens, where the registered office or residence of the party is abroad. Failure of a party to appear before the court shall not be reason for not hearing the case, as long as that party is duly notified.
(2) The arbitration hearings are held behind closed doors, unless both parties render explicit consent in writing or it is recorded in the report from the arbitration hearing.
(3) By consent of the parties the dispute may be heard and resolved without summoning them. In that case the parties shall submit documentary evidence and written opinions, however the Arbitral Tribunal may schedule an open hearing, provided the case needs additional clarification.
(4) The case shall be heard without an open hearing if the respondent in his reply to the statement of claim has accepted it.
(5) Arbitrators, secretary and the parties that participate in the arbitration proceedings ought to keep secret the data that they have become aware of during or in connection with the proceedings. All minutes and other documentation connected to the proceedings are confidential.
Art. 23. (1) Upon opening the hearing the Arbitral Tribunal shall make a proposition to the parties to settle.
(2) If the parties reach a settlement, this settlement shall be recorded in the minutes of the hearing and shall be signed by the presiding arbitrator of the Arbitral Tribunal.
(3) When settlement is reached, at the request of the parties, it may be reproduced in the arbitral award on agreed terms. This award has the power of decision on the merits.
Postponement of a Hearing
Art. 24. (1) If the party that has been duly summoned does not attend the hearing without acceptable reasons, the case shall be heard without its participation.
(2) The Arbitral Tribunal shall postpone the hearing only when the party or its representative are unable to attend due to a sudden obstacle which can not be removed.
(3) Each party may ask that the case be heard in its absence.
Imposition of Remedies
Art. 25. (1) Securing a future claim shall be done under the provisions of Art. 390 of the Civil Procedure Code of Bulgaria by the competent state court. With the filling of the claim before the Court of Arbitration at the European Judicial Chamber, the claimant shall notify the CA for the allowed remedies for securing this claim. The CA shall issue a certificate for the filed claim containing the grounds, the amount, the parties and the subject matter of the dispute, which then the claimant shall submit to the court that has allowed the remedies for securing the claim.
(2) Upon a request of the parties, the CA may grant remedies for securing an already submitted claim. The CA shall then issue a certificate to the applicant by which he shall make the request before the competent court under the provisions of Art. 389 of the Civil Procedure Code of Bulgaria.
Art. 26. (1) Each party shall prove the facts on which its claims or objections are based giving written evidence, experts’ reports, testimony, explanations of the parties, inspections or other appropriate evidence. The Arbitral Tribunal shall admit the evidence given by a party with a ruling.
(2) With respect to the circumstances of the case, the Arbitral Tribunal may accept facts as proven when a party has created obstacles for collection of the evidence admitted by the Arbitral Tribunal.
(3) A party shall be free to submit written evidence in original, in a certified copy or in accordance with the provisions of the Electronic Document and Electronic Signature Act. Written evidence composed in a foreign language shall be accompanied with an official translation (by a Translation Agency authorized by the Ministry of Foreign Affairs of the Republic of Bulgaria) in Bulgarian, unless in accordance with Art. 20, the proceedings are held in the same language.
(4) The written evidence shall be submitted in the required number of copies for the opposing party and the Arbitral Tribunal shall administer their serving in due time.
(5) Examination of the evidence shall be carried out as determined by the Arbitral Tribunal or it may be assigned to a member of the Arbitral Tribunal. The parties shall be duly notified of any inspections of goods and other objects, as well as of in situ inspections.
(6) The arbitrators shall evaluate the evidence according to their free conviction.
(7) When a party to the proceedings states that the evidence it has submitted contain confidential information, the presiding arbitrator of the Arbitral Tribunal shall order the appropriate measures for its protection to be taken.
Collection of Evidence
Art. 27. (1) The Arbitral Tribunal may order the parties to furnish the necessary information to the experts or to provide access for the review of documents, inspection of goods or other objects, when necessary for the presentation of their opinions. Acceptance of the expert’s opinion shall be done in his/hers presence so that he/she may provide further clarifications on it. The Arbitral Tribunal, at the request of any party or of its own motion, may order the expert after presenting his/hers opinion to attend the hearing of the case in order to provide clarifications. If requested by the parties, additional experts may be appointed as well to give complimentary and second opinion on the issue under dispute.
(2) The expenses for collection of evidence shall be deposited beforehand from the party requesting them.
(3) Witnesses may be interrogated if brought in by the party which has listed them and at the discretion of the Arbitral Tribunal if the party which has listed them has pointed to the circumstances which these witnesses are expected to prove.
Assistance from the State Court
Art. 28. At the request of one party to the dispute and according to its discretion, the Arbitral Tribunal may ask any state court in this country or abroad to collect particular pieces of evidence necessary for clarifying the facts of the case.
Amendment of Claims
Art. 29. (1) The claimant may alter the merit or petitum of the claim up until the conclusion of the first hearing, and the amount – until the conclusion of the arbitration hearing.
(2) The Arbitral Tribunal may not admit the requested amendments, if it finds that the other party may be faced with particular difficulties in its defence because of the amendment or the timely resolution of the case may be delayed.
(3) The rules under para (1) and (2) shall apply to the respondent that has submitted a counter claim.
Third Party Participation
Art. 30. (1) Voluntary participation of a third party to the proceedings before the CA may be admitted only at its request and with the consent of the two parties to the dispute.
(2) In the case of a third party being invoked, the request of both parties to the dispute is necessary as well as the consent of the third party.
(3) Submission of counter claims against a third party shall be admissible only with its consent.
Time Limits for Dispute Hearing
Art. 31. (1) After the expiry of the time limit for reply to the statement of claim the Arbitral Tribunal shall hold preliminary session and schedule a regular hearing which shall be held within thirty days.
(2) The Arbitral Tribunal may, on its own initiative or at the request of either party, extend the term for scheduling a hearing under para (1) if it finds a factual or legal complexity of the case or if the collection or verification of evidence requires a longer period of time.
(3) On a request of both parties the time limit for scheduling and resolution of the dispute may be shortened.
Postponement and Suspension of Proceedings
Art. 32. (1) On a request of the parties or on its own initiative when it finds factual or legal complexity, the Arbitral Tribunal may with a ruling postpone a hearing for a definite period of time which cannot be longer than thirty days, or suspends it for a period no longer than three months.
(2) A proceeding suspended with consent of the parties shall be terminated if up until the expiration of the term of suspension neither party has requested its renewal.
(3) Suspension of proceedings with the parties’ consent shall be granted only once in the course of the proceedings.
Art. 33. (1) Shorthand minutes shall be recorded during the hearing by a secretary of the CA. The minutes shall be signed by the presiding arbitrator of the Arbitral Tribunal as well as by the secretary.
(2) At the request of the party filed within three days of receipt of the minutes, the latter may be amended or supplemented in case of errors or omissions.
(3) The parties shall be served with copies of the minutes, authenticated by the Administrative Department of the CA.
Art. 34. (1) The Arbitral Tribunal shall resolve the dispute applying the law chosen by the parties. Unless otherwise agreed upon, the choice of the law shall refer to the substantive law and not to the rules of conflict of laws.
(2) When the parties have not chosen the applicable law, the Arbitral Tribunal shall apply the law as determined by the rules of conflict of laws which the Tribunal considers applicable.
(3) In any event the Arbitral Tribunal shall apply the provisions of the contract and shall take into account the trade usages.
(4) The arbitral award is final and puts an end to the dispute.
CONCLUSION OF PROCEEDINGS
Art. 35. When found that all circumstances of the dispute are fully clarified, the Arbitral Tribunal shall enact completion of the collection of evidence and initiate the oral controversy with a ruling. The parties may submit written defences.
Art. 36. (1) The Arbitration proceedings shall be concluded by rendering of an award with which the dispute is resolved on its merits.
(2) An award shall be also rendered when a claim has been accepted, in case of waiver of the claim by the claimant and in case of settlement which shall be reproduced in the award at request of the party.
Art. 37. (1) The award on the dispute merits shall be made after a secret deliberation between the majority of members of the Arbitral Tribunal as the presiding arbitrator votes last. If a majority vote cannot be reached the award shall be rendered by the presiding arbitrator.
(2) The award shall state the reasons on which it is grounded. It shall be drafted by the arbitrator reporting the case and shall be signed by the presiding arbitrator and the members of the Arbitral Tribunal. If one of the arbitrators is unable or refuses to sign the award, the presiding arbitrator shall certify this fact by his/her own signature on the award, stating the reasons thereof.
(3) The dissenting arbitrator shall be obliged to sign the award with a note for a dissenting opinion. The dissenting opinion shall be in writing and within 7 days it shall be attached to the award. Failure to submit the dissenting opinion in writing shall not affect the validity of the award.
Contents of the Award
Art. 38. (1) The award shall contain the following data:
1. the name of the CA;
2. date and place of rendering the award;
3. the names of the arbitrators;
4. the names of the parties;
5. the subject matter of the dispute and brief account of the facts related to the case;
6. the award proper (resolution formula), including allotment of costs and expenses of the case;
7. reasons of the award;
8. the signatures of the arbitrators.
Announcing the Award
Art. 39. (1) The award shall be announced immediately after the end of the hearing of the dispute or within 30 days after the last hearing.
(2)The award shall be recorded in the Book of Awards which is available to the parties and their representatives.
Copies of the Award
Art. 40. (1) A copy of the award shall be delivered to each party.
(2) The copies and the translations of the award shall be certified by the Secretary of the Court, bearing his/her signature and the seal of the CA.
(3) Copies of the award shall be sent to the parties after the arbitration expenses has been paid.
Resuming the Hearing of the Dispute
Art. 41. The Arbitral Tribunal shall resume the hearing of the dispute when it finds that:
1. the right of either party to be heard has been infringed;
2. a party for reasons beyond its control was unable to attend the hearing nor was able to inform the Arbitral Tribunal about such inability;
3. the parties requested evidence which should have been collected;
4. there is need for further evidence or further clarification of circumstances.
Art. 42. (1) The Arbitral Tribunal, on a request of the parties, may render an additional award in claims which were not ruled on, provided that the additional award can exist along with the supplemented award, without affecting it.
(2) A request for additional award may be filed within 30 days from the receipt of the award.
(3) When the request is grounded, the Arbitral Tribunal shall render an additional award in compliance with the provisions of art. 36.
Execution of Awards
Art. 43. (1) An arbitration award shall be final and shall put an end to the dispute. It shall take effect from the moment of its announcement.
(2) The arbitration award shall be binding on the parties and subject to enforcement.
Correction and Interpretation of the Award
Art.44. (1) The Arbitral Tribunal, upon request of any of the parties or on its own initiative, may correct the award regarding obvious errors. The Arbitral Tribunal shall notify the other party for the requested correction.
(2) Upon request of any of the parties the Arbitral Tribunal may interpret the rendered award.
(3) Concerning the correction and interpretation of the award, the Arbitral Tribunal shall hear the parties or shall give them the opportunity to submit their written opinions within a time limit prescribed by the Tribunal. The latter shall rule within 30 days from the date of the request.
(4) The corrections and the interpretation shall become integral parts of the award.
Termination of Proceedings
Art. 45. (1) The arbitration proceedings shall be terminated by a ruling.
(2) A ruling for termination of the proceedings shall be made:
1. if the claimant waives or withdraws his/her claim;
2. in case of absence of other prerequisites, necessary for hearing and solving the case on its merits.
(3) When the Arbitral Tribunal has not been composed in compliance with the established practice, the ruling for termination of the proceedings shall be made by the Chairman of the CA.
Safekeeping of Files and Documentation
Art. 46. (1) The Administrative Department of the CA shall keep the files of terminated cases for a period of 10 years from rendering the awards and rulings on these cases.
(2) Following the expiry of this time limit the files shall be destroyed, with the exception of the awards and the reasons thereof as well as the concluded settlements.
Art. 47. (1) The provisions on expedient procedure for dispute resolution 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 provisions on expedient procedure.
(2) The CA shall apply the provisions on expedient procedure under this chapter unless the parties have agreed on other terms for the proceedings.
Constitution of the Arbitral Tribunal, Replacement and Challenge of an Arbitrator
Art. 48. The Arbitral Tribunal shall be composed of a sole arbitrator.
Art. 49. (1) The Chairman of the Court of Arbitration shall appoint an arbitrator and a substitute arbitrator within 7 days of the duly submission of a statement of claim.
(2) The arbitrator and his/her substitute shall state whether they accept to participate in the proceedings within 3 days from the date on which they were served with the notice stating 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 provisions for expedient procedure.
(3) In case that the arbitrator and/or his/her substitute do not accept to participate in the proceedings, the Chairman of the Court of Arbitration shall appoint a new arbitrator and/or substitute arbitrator.
Art. 50. (1) The replacement of an arbitrator shall be conducted under the provisions and terms set in Art. 13 of these Rules, where the time limit during which the arbitrator is prevented from performing his/her duties or fails to do so exceeds 15 days.
(2) In case of a replacement of an arbitrator, the Chairman of the Court of Arbitration shall appoint a new substitute arbitrator.
Art. 51. (1) Challenge of an arbitrator, based on the grounds listed in Art 14. para. 3 of these Rules shall be made no later than 5 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.
Statement of Claims and Reply to the Statement of Claims
Art. 52. (1) The statement of claims shall be in accordance with the provisions set in Art. 5 of these Rules. 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 shall be attached along with the claimant’s statement of claim.
Art. 53. Joiner 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.
Art. 54. An amendment of the case is possible either only concerning the grounds or the amount of the claim provided the limitation of the preceding article are observed. A raise of the claim is admissible only if no collection of evidence that may delay the proceeding is necessary.
Art. 55. 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, and in international disputes – within 14 days. 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 this Article may be extended in case of extraordinary, unforeseen circumstances.
Art. 56 (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.53., 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 time of its submission the necessary arbitration charge is paid.
(3) Art.55. shall apply to the reply to the counter claim and to the request for set-off.
Art. 57. (1) After the statement of claims is submitted and the reply is filed, the parties may state facts and submit evidence only for the impugnment 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. 58. 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.
Art. 59. Each party, with the submission of the statement of claim or the counter claim, may request an expertise for which the other party shall be notified and given a 3-day period to pose additional questions before the expertise.
Serving of Summonses and Notices. Submission of Documents and Papers on the Case
Art. 60. 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. 61. 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 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 e-mail, the Administrative Department ex officie shall make copies to be attached to the file and also if needed, for delivery to the opponent party.
Hearing of the Case
Art. 62. (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 provisions.
(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.58.
(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.
Conclusion of Proceedings
Art. 63. (1) The Arbitral Tribunal shall render an award to the case within 10 days, and in international disputes – within 20 days after clarifying the dispute from factual and legal standpoint.
(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 is reached that the parties wish to be a reproduced on agreed terms in the arbitral award, the Arbitral Tribunal renders an award within 5 days, and in international disputes – within 10 days following the filing of the request and the reaching of the settlement.
CHARGES AND EXPENSES
Arbitration Charges and Expenses
Art. 64. (1) The arbitration charges shall be determined in accordance with the Tariff of Arbitration Charges.
(2) For cumulatively joined in a single application statement of claims, the arbitration charges shall be collected for each claim. For alternatively or potentially joined claims in a single application against one person, the arbitration charges shall be collected for one claim only. For statement of claims against different persons the arbitration charges shall be collected for the claims against each person.
(3) Upon reduction of the amount of the claim, the arbitration fee already paid shall not be refunded. Upon increasing of the amount of the claim, the outstanding shall be deposited.
(4) After its constitution, the Arbitral Tribunal shall crosscheck whether the arbitration charges of the dispute are correctly calculated and deposited.
(5) If the deposit is in a lesser amount, the Arbitral Tribunal shall order the claimant to deposit the due balance, ensuring adequate time is given.
(6) In case of non-payment of charges on time, the proceedings shall be terminated.
(7) Upon withdrawal or refusal of claim the arbitration charges are non refundable.
(8) If the parties have not agreed otherwise, the arbitration charges and expenses of the CA shall be awarded to the party not benefiting from the rendered award.
(9) The party benefiting from the award may request to be reimbursed for the expenses which have incurred in connection with its defence. Only actually made and proven expenses shall be awarded.
(10) The Arbitral Tribunal may order the party requesting collection of evidence to pay a deposit for expenses related to such collection of necessary evidence. No action shall be undertaken if an expense deposit has not been paid.
(11) The Arbitral Tribunal shall determine the remuneration for the interpreters, secretary and experts, as well as their daily and travel allowances.
(12) Remunerations of arbitrators shall be determined in accordance with the Tariff of Arbitration Charges.
Case-law of the CA
Art. 65. (1) The Administrative Department of the CA shall keep a file with the awards in which excerpts of the reasons of the awards which are fundamentally important are recorded.
(2) The Chairman of the CA may allow the awards and the rulings to be published in periodicals and collections. The Chairman of the CA may, at his discretion, exclude from publication certain data from the awards.
Any arbitration agreements, concluded before coming into force of these Rules and their amendments shall be considered as referring to these Rules, except when one of the parties challenges their application.
These Rules were adopted by the Board of Directors of the European Judicial Chamber under a resolution recorded in Minutes No. 1 of 4 June 2012 and shall come into force on the same date. These Rules were amended by a resolution of the Board of Directors of the EJC under a resolution recorded in Minutes No. 2 of 25 April 2013 coming into force on 29 April 2013, as well as subsequent amendments with resolution recorded in Minutes No. 3 of 14 October 2013 coming into force on 16 October 2013, as well as subsequent amendments with resolution recorded in Minutes No. 4 of 12 January 2015 coming into force on 19 January 2015, as well as subsequent amendments with resolution recorded in Minutes No. 5 of 15 July 2015 coming into force on 17 July 2015, as well as subsequent amendments with resolution recorded in Minutes No. 6 of 20 January 2016 coming into force on 25 January 2016, as well as subsequent amendments with resolution recorded in Minutes No. 9 of 5 August 2016 coming into force on 10 August 2016, as well as subsequent amendments with resolution recorded in Minutes No. 10 of 25 October 2016 coming into force on 31 October 2016, as well as subsequent amendments with resolution recorded in Minutes No. 11 of 21 November 2016 coming into force on 28 November 2016., as well as subsequent amendments with resolution recorded in Minutes No. 12 of 25 May 2017 coming into force on 2 June 2017.