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Rules for conciliation of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (1999)

  • (These Rules were adopted by the Executive Board of the Bulgarian Chamber of Commerce and Industry with a Protocol No. 22/5-99 of May 12, 1999 and Decision of the Managing Council of the Bulgarian Chamber of Commerce and Industry of December 16, 1998 on the grounds of Art. 22, Subsection 1, p. 8 of the By-Law of the Bulgarian Chamber of Commerce and Industry and shall come into effect on July 1, 1999.)

    INTRODUCTION

    Settlement is a desirable way for resolution of civil law disputes. In order to facilitate alternative resolution of this type of disputes the Bulgarian Chamber of Commerce and Industry adopts these Rules for Conciliation.

    SCOPE OF APPLICATION

    Art. 1

    (1) Domestic and international civil law disputes to which a settlement is admissible shall be subject to the conciliation pursuant to these Rules.

    (2) A conciliation pursuant to these Rules may commence while the dispute is pending before a state court or an arbitration court.

    COMMENCEMENT OF THE CONCILIATION

    Art. 2

    (1) A conciliation proceeding shall commence under a common agreement of the parties to a dispute or at the request of one of them.

    (2) The parties shall file with the Secretariat of the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry a request for commencement of a conciliation in three copies stating briefly the essence of the dispute and their positions. They shall pay a fee for commencement of the conciliation proceedings provided for in the Tariff to these Rules of the Court of Arbitration.

    (3) Whenever a request for conciliation is filed by one party to a dispute the Secretariat of the Arbitration Court shall immediately send a copy of the request to the other party informing it that within a 15-days' term after the receipt of the copy it may state whether it accepts or refuses to participate in the conciliation. In case of refusal or failure to answer a conciliation proceeding shall not commence. The Secretariat shall notify the party who filed the request and reimburse 50% of the fee paid to it.

    (4) If the other party accepts to participate in the conciliation it shall notify the Secretariat of its consent in writing. The Secretariat shall commence the conciliation proceedings and shall immediately send a copy of the statement containing the position of the party who filed the request to the other party.

    (5) After the commencement of the conciliation proceedings the Chairman of the Court of Arbitration shall determine a deposit for expenses to be made in equal shares by the parties within a certain period of time. In case a party does not make its share of the deposit but wishes to participate in the conciliation proceedings the other party may pay its part also. Where the full amount of the deposit the conciliation proceedings shall be terminated, the parties being notified of it immediately.

    CONCILIATOR

    Art. 3

    (1) If the parties omit to appoint a conciliator, the Chairman of the Court of Arbitration shall appoint an impartial person for conciliator, considering the nature of the dispute and the expertise of the conciliator. The Secretariat shall notify the conciliator and the parties of the appointment and shall determine a time limit within which the parties shall substantiate their positions.

    (2) When accepting the appointment the conciliator shall submit to the Secretariat and the parties a written declaration for independence and impartiality in the conciliation proceedings as well as for confidentiality with regard to the facts and circumstances which he has come to know in the course of conciliation.

    (3) Unless the parties give their consent the conciliator shall not be an arbitrator, a representative or a counsellor of any of them in arbitration proceedings concerning the same dispute.

    (4) The parties shall not name the conciliator as a witness in court or arbitration proceedings on the dispute subject of the conciliation unless both parties agree.

    (5) In case the conciliator dies, refuses his appointment or fails to perform his duties, he shall be replaced by a new conciliator in compliance with the procedure provided for in para 1.

    CONCILIATION PROCEDURE

    Art. 4

    (1) For the purpose of clarifying of the contested facts and discussing the possible concessions each of the parties may be willing to make so that a settlement be reached the conciliator shall be entitled to meet with any of the parties prior to inviting them to a joint discussion of the possible variants of conciliation.

    (2) The conciliator shall substantiate his proposals for a possible settlement taking into account the facts, the applicable law and fairness.

    (3) The parties shall participate in the conciliation proceedings in person or through explicitly authorised representatives. They may be assisted by advisors. Third parties may attend the meetings with the conciliator only with the consent of the parties.

    (4) In case the conciliation proceedings are successful, the settlement reached shall be signed by the parties and the conciliator. A copy of it shall be attached to the file of the conciliation proceedings.

    (5) In case the dispute on which the settlement is reached is pending before the Court of Arbitration with the Bulgarian Chamber of Commerce and Industry, the parties shall be entitled to request that the settlement be reproduced in an arbitral award made by consent.

    (6) The parties agree not to introduce as evidence in any judicial or arbitration proceedings:

    (a) any views expressed or suggestions made by the other party in the conciliation proceedings;

    (b) the proposals put forward by the conciliator;

    (c) the fact that a party has had indicated its readiness to accept the proposals for settlement put forward by the conciliator.

    TERMINATION OF THE CONCILIATION PROCEEDINGS

    Art. 5

    (1) The conciliation proceedings shall be terminated:

    (a) upon signing of a settlement under Art. 4, Subsection 4;

    (b) upon written notification of the conciliator by the parties or one of them that they are giving up the attempt for conciliation;

    (c) upon a written statement by the conciliator ascertaining the failure of the attempt for conciliation.

    (2) Conciliation proceedings pending before other organisations and persons shall not preclude conciliation proceedings under these Rules.

    CONCILIATION COSTS

    Art. 6

    (1) Costs for conciliation proceedings shall include:

    (a) administrative fee as determined in the Tariff which is an integral part of these Rules;

    (b) travel expenses of the conciliator when necessary;

    (c) remuneration of the conciliator.

    (2) The costs for the conciliation proceedings shall be born by both parties in equal shares unless otherwise agreed upon in the settlement.

    (3) Apart from the costs under para 1 of this Article each party shall bear all other expenses it makes with regard to the conciliation proceedings.

    (4) The remuneration of the conciliator shall be determined by the Chairman of the Arbitration Court at the Bulgarian Chamber of Commerce and Industry who shall take into consideration the nature of the dispute and the time spent by the conciliator. He may hear the opinion of the parties.

    TARIFF on Concilation fees and costs

    1. Any request for conciliation shall be accompanied by a payment of administrative fee at the amount of 100 leva. The fee shall be transferred to a special bank account of the Bulgarian Chamber of Commerce and Industry. The request for conciliation shall not be considered prior to the transfer of the administrative fee.
     
    • In case conciliation proceedings are commenced the Chairman of the Court of Arbitration shall determine a deposit for the costs taking into consideration the nature of the dispute and the time which is normally necessary for termination of the conciliation including the travel expenses of the conciliator when necessary.
     
    • After the termination of the conciliation proceedings pursuant to Art. 5, Subsection 1 of the Rules for Conciliation the Chairman of the Court of Arbitration shall determine the remuneration of the conciliator taking into consideration the time spent, the complexity of the case and all other relevant circumstances. The remuneration shall not exceed that of an arbitrator on domestic and international cases tried with the Court of Arbitration with the Bulgarian Chamber of Commerce and Industry.
     
    • The part of the deposit for costs which remains unused shall be reimbursed to the party, resp. the parties, which has transferred the deposit.