TARIFF ON THE ARBITRATION CHARGES AND EXPENSES FOR INTERNATIONAL DISPUTES SUBMITTED TO THE ARBITRATION COURT AT THE NATIONAL BUSINESS AND LAW ASSOCIATION

 

 

PARAGRAPH 1.

Arbitration Charges and Deposit

 

(1) There are arbitration charges and deposits to cover the expenses.

(2)  “ Arbitration charges" are the overall arbitration proceeding costs of the Arbitration Court, including arbitrators’ remuneration.

(3)  "Deposit” is the amount, collected to cover the expenses on each case for summoning and information, presenting papers, translation and stenography, issuance of certificates, etc.

 

PARAGRAPH 2.

Arbitration charges

 

(1) The Court of Arbitration charges the following arbitration rates, in leva on domestic cases and in USD for foreign cases, which shall be determined in accordance with the value of the claim, as per the table below:

 

CLAIM VALUE        (BGN / USD)                   ARBITRATION RATES (BGN / USD)

-                                  up to 1,000                   80 / 130

from 1 001                   up to 5,000 90/150+3/8%for the amount above 1,000
from 5 001                   up to 10 000            200/500+2.5/7% for the amount above                   5,000

from 10 001                  up to 100 000          350/950+2/5% for the amount above                    10,000    

from 100 001                up to 500 000          2000/5200+1.5/1% for the amount above           100 000

from 500 001                up to 1 000 000        6500/8500+1/0.5% for the amount above          500 000     
above 1 000 000           -                              12000/11500+0.5/0.2% for the amount above 1000 000

 (2)  The arbitration charges are paid in advance. When there is a bank transfer, it is considered that the charges are paid on the day, when the bank account of THE National Business and Law Association is certified. Bulgarian physical and legal parties on foreign cases pay arbitration charges according to the corresponding currency exchange rate fixed by the Bulgarian National Bank on the day when the claim has been filled.

(3)  In case the claim value is larger than anticipated , there are additional arbitration charges, the amount of which is the  difference between the deposited charges and the due amount on the claim after the increase.

 

PARAGRAPH 3

Reduction and partial refunding of the arbitration charges

 

(1) Arbitration charges shall be reduced by 50% when the case is heard by a sole arbitrator, according to Art.2, it.1.

(2) Regardless of the grounds on which the case has been terminated the refundable amount for the claimant shall be as following:

-  75% of the arbitration charges if the case is terminated before the Arbitration Court has undertaken proceedings on the case;

-  50% of the arbitration charges if the termination occurs after the Arbitration Court has undertaken proceedings on the case.

(3) The provisions of the preceding subsection shall not apply when the arbitration charges are minimal.

(4) The partial refunding of the arbitration charges shall be made by the Arbitration Court and in case it has not been formed, by the Chairman of the Arbitration Court.

 

PARAGRAPH 4.

Arbitration charges for counter-claims and set-off objections

The same rules which apply to arbitration charges for the principal claim shall apply for the counter-claim and the set-off objection.

 

PARAGRAPH 5.

Deposit for arbitration expenses

 

(1)  The deposit for arbitration expenses is set by the Chairman of the Arbitration Court and pre-paid by the claimant.

(2) When there is a decision or the case is closed, the deposit is considered by the Resolution committee. They oblige National Business and Law Association to reimburse the claimant the rest of the deposit, and oblige the claimant to add the difference between the deposited amount and the actual expenses on the case. If there is no Resolution Committee Formed, the deposit is counted by the Chairman of the Arbitration Court.

 

PARAGRAPH 6.

Liability of the parties for finding evidence on the case.

 

(1) Unless the parties have agreed otherwise, liable for the remuneration of the experts and their business trips, if such are necessary in order to finalize the case, as well as the charges for the inspection, are deposited in advance by the party, requesting that. The total amount is set by the Resolution Committee.

(2)  The expenses on a witness, asked to appear before Court, are borne by the party, requesting that.

 

PARAGRAPH 7.

Additional expenses

 

(1) If parties request the meetings of the Resolution Committee to be held outside headquarters of the Arbitration Court, the additional expenses to be deposited equally in advance. When the case is closed, the expenses are calculated by the Resolution Committee, who decide to return the excess, if there is such, or add the due amount respectively.

(2) The party, appointing an arbitrary to take part in the meetings of the Resolution Committee, and whose work is connected with business trips and work in the headquarters of the Arbitration Court – Varna, should deposit the amount to cover these expenses in advance, regardless of the outcome of the case.

 

PARAGRAPH 8.

Liability of the parties for arbitration charges, deposits and expenses.

 

(1) Unless the parties have agreed otherwise, the expenses for arbitration, deposit and finding evidence in relation with the case burden the party, against which there is a decision; however, if the claim is partially  granted, they are distributed proportionally: to the granted and rejected part of the claim. The expenses on a witness, who has appeared before Court, are claimed, if they are proved by the party, requesting that. However, they cannot go beyond the boundaries of normatively defined expenses for business trips.

(2) The party, in whose favour the decision was taken, could request reimbursement for the proved normal expenses on defence procedures in the above mentioned case. These expenses it should prove before the Arbitration Court.

(3) The party, that has requested lawyer’s defence in relation with the case, but has no proofs for the expenses, will be granted the minimal amount, set by the Tariff of Lawyer’s Remunerations.