18 March 2020
Bulgaria declared a state of emergency on Friday 13th March, giving the government extraordinary powers.
As approved, the state of emergency is effective from now until 13 April 2020.
As part of the state of emergency from 18th March onwards, foreign nationals coming from the People’s Republic of China, the Islamic Republic of Iran, Bangladesh, the Maldives, Sri Lanka, Nepal, Spain, Italy, South Korea, France, Germany, the Netherlands, Switzerland, the United Kingdom and Northern Ireland will not be allowed to enter Bulgaria. People with residence permits and their family members are excluded from this restriction (“permitted foreign nationals”).
The permitted foreign nationals coming from the countries above will be placed in quarantine for 14 days. This may be through self isolation or in a hospital and it will be decided by the health unit at border control.
The state of emergency may be extended in time or in scope, etc.
Government administrative work has been affected by the emergency. Indeed, we expect certain delays.
To limit the spread of the virus globally, the European Council agreed to reinforce the EU's external borders by applying a coordinated temporary restriction of non-essential travel to the EU for a period of 30 days. Bulgaria has supported the measure and steps will be taken on the national level.
Authors: Ivan Petrov and Kamen Shoylev
Advising on an LCIA claim
Suppliers with less bargaining power sometimes accede to arbitration clauses which make bringing or defending a claim prohibitively expensive.
In such cases, it is especially important when acting for the potential claimant (and subject to a judgement on the overall viability of the claim), to offer a cost-effective solution to allow the claim to get off the ground. This may include assessing whether the arbitration clause is likely to be found effective or pathological, and whether it may be permissible and advisable to launch court proceedings instead (which can be more economical especially in their early phases).
It is also helpful to be able to rely on advice which is simultaneously excellent in relation to both the jurisdiction in which enforcement is likely to be sought (e.g., Bulgaria) and the jurisdiction whose governing law the parties have agreed to apply or which applies for another reason.
NBLO recently acted for a potential claimant in such a situation alongside the client's existing Bulgarian counsel to advise on the interplay of the arbitration rules of the London Court of International Arbitration (LCIA) and Bulgarian law and on the mechanics and prospects of a claim. We regularly and successfully collaborate with clients’ existing counsel to achieve the best results for such clients.
© New Balkans Law Office 2020