Statute of the Court of arbitation at the Europian Judicial Chamber

 

STATUS
Art. 1. (1) A Court of Arbitration shall be established at the European Judicial Chamber association (EJC).
(2) The seat of the Court of Arbitration shall be the city of Sofia.
(3) The Court of Arbitration shall be an independent jurisdiction institution, working on the basis of a voluntary agreement between the parties to the arbitration.

JURISDICTION
Art. 2. (1) The Court of Arbitration at the European Judicial Chamber settles proprietary civil and commercial disputes as well as disputes about gaps to be filled in contracts or their adaptation to newly arisen circumstances, regardless of whether the seat or the domicile of one or both parties is in the Republic of Bulgaria and provided that the said disputes are submitted to this Court of Arbitration by virtue of an arbitration agreement.
(2) The arbitration proceedings shall be effected in accordance with the Rules of Establishing, Reviewing and Resolving the Cases by the CA at the EJC (The Rules).
(3) The Court of Arbitration shall organize optional conciliation proceedings for settlement of civil disputes, observing the regulations set out in its Rules.
STRUCTURE
Art 3. (1) The Court of Arbitration shall consist of an Arbitration Council, arbitrators and an Administrative Department.
(2) The Court of Arbitration settles the assigned disputes by a body of three or by one arbitrator. Their rights and obligations are equal.

ARBITRATION COUNCIL
Art. 4. (1) The Arbitration Council of the Court of Arbitration shall consist of  Chairman of the Court, a Vice-Chairman – and two members. They shall be elected for a five-year term of office by the Board of Directors (BD). The BD of the EJC shall have the power of effecting replacements in the Arbitration Council during the said term of office.
(2) The Arbitration Council shall have the following functions:
1. to elect the arbitrators of the Court;
2. to provide for execution of the awards of the Arbitral College;
3. to take decisions related to the activity of the Court of Arbitration.
CHAIRMAN
Art. 5. (1) The Chairman of the Court of Arbitration shall represent the Court in this country and abroad. In the execution of his  powers he shall issue Orders.
(2) The Chairman shall convene the sessions of the Arbitration Council of the Court and the Arbitral College, he shall report on the activity of the Court to the Arbitral College and to the BD of the EJC, and shall execute the decisions of the Arbitration Council as well as perform the functions provided for in the Rules of the Court of Arbitration.
(3) The Vice-Chairman shall perform the functions of the Chairman in the case when he is prevented to do so or when delegated by him.
ARBITRATORS
Art. 6. (1) Arbitrators shall be enrolled and struck off the List of Arbitrators by a decision of the Arbitration Council of the Court. The enrollment shall be for a five-year term. During this term The Arbitration Council may enroll in the List of Arbitrators new arbitrators. At any time the arbitrators already enrolled may be struck off the List due to death, in case of lasting inability to perform their duties; in case of gross violation of the Statute and the Rules of the Court of Arbitration at the EJC; as well as voluntarily.
(2) A separate List of arbitrators shall be drawn for disputes between parties with domiciles or seats in the Republic of Bulgaria (domestic cases) from that for disputes in which at least one of the parties has a domicile or seat abroad (international cases). On domestic cases when a party to the dispute is a company with a prevailing foreign participation, persons who are not citizens of the Republic of Bulgaria may also be arbitrators. For the Bulgarian companies the Lists of Arbitrators on domestic and international cases shall be mandatory, while for foreign companies, including companies with a prevailing foreign participation, the Lists of Arbitrators shall be recommendable.
(3) Legally capable citizens of age who have graduated law, have at least 8 years of professional experience, posses high standards of integrity, have not been punished for an intentional offence prosecuted by public prosecution and are versed in domestic and international property economic relations and in the law which governs such relations, shall be eligible for enrolment into the List of Arbitrators. The List shall indicate: the name of the arbitrator, the year of birth, his/her occupation or profession, academic degree and specialization, specialty field and domicile.
(4) Arbitrators shall be independent and impartial in the execution of their functions. They shall not act as representatives of any of the parties. Arbitrators shall be obliged to keep secret the data concerning the deliberations of the court as well as any data accessible to them during the execution of their duties.
(5) When a person is nominated for an arbitrator or a presiding arbitrator of an arbitral tribunal, he/she shall have to indicate in a written statement to the Chairman of the Court of Arbitration all circumstances which could give rise to reasonable doubts concerning his/her impartiality or independence. An arbitrator shall have the same obligation after his/her appointment as well. Copies of this statement shall be sent to the parties.
(6) The Lists of arbitrators shall be made available to all those interested.
DUTIES OF THE ARBITRATORS
Art. 7 (1) Arbitrators shall not provide verbal or written opinions or consultations as well as be attorneys in disputes under the jurisdiction of the Court of Arbitration at the EJC. Arbitrators, taking part in legal entities, shall not accept to be elected or appointed for arbitrators on cases which any party to the case has entrusted to the legal entity in which they are partners.
(2) Arbitrators shall not be: members of Parliament, ministers, deputy ministers, heads of state agencies, members of the Constitutional Court or persons, barred to be arbitrators by any normative act of law.
ARBITRATION COLLEGE
Art. 8. (1) Arbitrators shall form an Arbitral College which shall:
1. take decisions on organizational matters related to the Court;
2. discuss the report of the Chairman of the Court on the previous year and take decisions thereof;
3. discuss the practice of the Court concerning the application of the normative acts which are common for the domestic and the international arbitration cases in view of adopting a harmonized practice.
(2) The arbitrators from the List of Arbitrators on domestic cases and the arbitrators from the List of Arbitrators on international cases shall discuss in separate sessions their practice under the Statute of the Court of Arbitration at the EJC, the specifics of the case-solving legislation, the peculiarities of the cases to be solved , in view of their harmonization.

 

This Statute was 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. This Statute was amended by a resolution of the Board of Directors of the EJC under a resolution recorded in Minutes No. 10 of 25 October 2016 coming into force on 31 October 2016. This Statute was amended by a resolution of the Board of Directors of the EJC under a resolution recorded in Minutes No. 12 of 25 May 2017 coming into force on 02 June 2017.