(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
- 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.
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- 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.
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- 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.
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- The part of the deposit for costs which remains unused shall be
reimbursed to the party, resp. the parties, which has transferred
the deposit.
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