In April 2022, Prof. Tanya Yosifova was appointed Chairperson of the Court of Arbitration. Upon taking office, Prof. Yosifova declared her ambition to revive the Court's work and raise it to a new level. Success was not far behind.
New arbitrators and mediators filled the Arbitration Collegium at the AC at BIA. A College of International Arbitrators was established with four lawyers with proven professional experience. In addition, the content and functionalities of the court's website were improved. The new AC also offers a remote access case management system.
The Court of Arbitration at BIA became part of the Campaign for Greener Arbitrations (CGA), aimed at minimizing harmful emissions from arbitration activities.
In November, the Court of Arbitration at BIA and the University of Economics - Varna signed a 5-year Memorandum of Cooperation, recognizing the potential of both institutions to update and modernize legal theory with research. They have agreed to apply for creative advances in practice and cooperate in sync with the public presentation of their activities, roles and achievements.
The Arbitration Court carried out seminars, public lectures, and conferences, incl. Open Day of the AC at BIA and the "Arbitration for the Benefit of Bulgarian Business - Challenges and Prospects" conference. Members of the Arbitration Collegium, including prof. Yosifova were a speaker at numerous national and international forums, some of which took place with the institutional partnership of DiTech Expo, Digital4Plovdiv, Digital4Varna, Green Transition - Green Deal - Innovation, Investment and Fair transition, FinX Conference 2022, National Scientific Conference "Law and Business in Modern Society" (IU-Varna).
In August 2022, Prof. Tanya Yosifova and Dr Gergana Varbanova became the first individual members of the international NGO ArbitralWomen. The organization, established in 1993, connects women practitioners in out-of-court dispute resolution. Currently, women from 40 countries are members of the organization, with Bulgarian representatives for the first time.
At the end of the year, the AC at BIA organized a student essay competition on contemporary arbitration. Prof. Yosifova was awarded the "Lawyer in the Media" prize in the National Justice Awards framework, organized by the Balkan Media Association, with the support of the International Bar Association, the Bar Associations from all over the country, the Chamber of Notaries, the Bulgarian Judges Association, the Professional Association of Mediators, the Association of Women Lawyers, the Association of Insolvency Practitioners in Bulgaria.
The ARBITRATION COURT at BIA was established at the end of 1999 and started its work in 2000. Within the framework of a single-instance proceeding, we decide on property disputes that are permissible by law, and the decision is equivalent to that of the state court. On average, proceedings last between 6 and 9 months. You can also obtain enforcement abroad under the New York Convention based on the arbitral award.
Out of the hundreds of arbitral rulings, only one was revoked by the SCC. That is our ambition - to make fair decisions.
Before the dispute arises, the parties to the contract include an arbitration clause agreeing that the BIA Court of Arbitration will decide the dispute by the provisions of its Rules.
After the dispute, the parties agree that the Court of Arbitration shall decide at BIA. Again, concluding a contract conferring such jurisdiction on the Court of Arbitration at the BIA is necessary.
As a modern institution, BIA's Court of Arbitration also offers mediation services where the parties can reach an agreement with the assistance of a mediator.
Our principles are independence, impartiality, objectivity and confidentiality.
Disputes that are outside the jurisdiction of the arbitral tribunal:
- rights in rem or possession of the immovable property,
- maintenance,
- labour disputes,
- public law disputes - validity or breach of administrative acts,
- where one party is a consumer.
The methods of out-of-court dispute resolution are of two types: MEDIATION and ARBITRATION.
Dobri Mitrev, Chairman of BIA:
"The time we live in is a time of constant disputes, so we need quick and fair solutions. Arbitration is fast, cheap, stable, and confidential, with the option to choose the arbitrator. Moreover, the arbitral ruling is res judicata and enforceable. Internationally, arbitration is the preferred way for businesses to settle disputes. In individual countries, disputes from whole sectors of the economy are referred to as arbitral tribunals. Arbitration provides a more efficient and timely means of recovering funds and obtaining enforcement in business due to its flexible procedure, quick proceedings and lower costs. Along with these advantages, arbitration enables the preservation of relations between business partners, given the confidential nature of the procedure. All these advantages are obvious in times of economic crisis and recession."
Prof. Tanya Yosifova, President of the AC at BIA:
"Our Court of Arbitration offers arbitration and mediation as possible out-of-court dispute resolution methods within the jurisdiction granted to us by law. These procedures will become more and more common in our country, as it is worldwide. The only condition for arbitration is that the two disputing parties have an arbitration clause in their contract. It is also possible to include such a clause afterwards - when the dispute arises. The arbitral ruling has the same force as a court and is subject to judicial review by the Supreme Court of Cassation."
