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:
An ~€1M claim on behalf of real estate consultants
NBLO’s dispute resolution lawyers represented UK-based real estate consultants who had structured a € 40-million-worth commercial property project on the Bulgarian Black Sea coast. In breach of an applicable contractual obligation, the consultants had not been paid the agreed success fees for their services. The then director of the defaulting party had been tragically shot dead in the meantime.
Following a hotly contested first instance, with below-the-belt attempts by the other side (the least untypical perhaps being the claim that the contract had been a forgery and a trial-within-a-trial on the issue), our team succeeded in obtaining a judgment at first instance. The parties were then able to achieve a significant settlement.
The key skills we were able to bring to bear in providing a solution included searching for solutions across the problem domain; appropriately involving representatives of Bulgaria’s EU partner member-states to buttress judicial independence; and resourcefully dealing with heterodox approaches by our judicial opponents.
© New Balkans Law Office 2019