NBLO’s Enforcement Client Note considers all aspects of enforcement in Bulgaria. It discusses the scope of enforcement; its execution (commencement, progress and termination) and its limits. The note examines the subject from the viewpoints of both creditor and debtor.
The second part of the note describes the treatment of awards and determinations by other bodies. This includes a discussion of how various regulatory, quasi-judicial and self-regulatory bodies and interact with court judgments, as well as considering how “Brussels regime” judgments are enforced.
To download our note, please click here:
NBLO ENFORCEMENT CLIENT NOTE
NBLO also contributed a section on enforcement and civil remedies from a foreign investor perspective in the Invest Bulgaria Agency’s “Legal Guide to Bulgaria”. This was published as a chapter in editions in 2010 and 2011. The contribution can be found here:
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 2019