Article 1 Amount of the arbitration fees
- The registration fee under Art. 42, para. 6 of the Rules of Arbitration of the Arbitration Court at the Confederation of Employers and Industrialists in Bulgaria (the “Rules”) is BGN 500 and does not depend on the value or on the number of claims, joined in a single Statement of Claim. The registration fee may not be reimbursed or subjected to set-off or deducted from other fees or procedural costs.
- (amended with a decision of the Board of Directors of the KRIB of 22.04.2015) The proportional fees under Art. 42, para. 7 of the Rules shall be determined on the basis of the value of the claim, respectively the sum of the value of all claims, submitted by a party, in the following way:
|Value of the claim (BGN)||Proportional fee (BGN)|
|Up to 25 000||1 000|
|From 25 000 to 50 000||1 000 + 4.00% of the amount over 25 000|
|From 50 000 to 100 000||2 000 + 2.75% of the amount over 50 000|
|From 100 000 to 250 000||3 375 + 2.50% of the amount over 100 000|
|From 250 000 to 500 000||7 125 + 2.00% of the amount over 250 000|
|From 500 000 to 1 000 000||12 125 + 1.50% of the amount over 500 000|
|From 1 000 000 to 3 000 000||19 625 + 1.40% of the amount over 1 000 000|
|From 3 000 000 to 5 000 000||47 625 + 1.30% of the amount over 3 000 000|
|From 5 000 000 to 10 000 000||73 625 + 1.20% of the amount over 5 000 000|
|From 10 000 000 to 50 000 000||133 625 + 1.10% of the amount over 10 000 000|
|Over 50 000 000||573 625 + 0.40% of the amount over 50 000 000, but no higher than BGN 1 000 000|
- (amended with a decision of the Board of Directors of the KRIB of 22.04.2015) The amounts of the proportional fees under para. 2 shall be applied in the events when the Arbitral Tribunal consists of three arbitrators. In the events when the case is resolved by a sole arbitrator, the amounts of the proportional fees shall be calculated in accordance with the table under para. 2, and shall be divided in two, whereas the amount of the proportional fee for a single claim may not exceed BGN 500 000.
- The sum of the proportional fees under para.2 shall be reduced by 2% in the events when the party has agreed to sending and receipt of written notifications and documents by electronic means under Art. 6, para. 2 of the Rules and has indicated an e-mail address for this purpose.
- The proportional fees shall be paid in advance in two equal parts in accordance with Art. 42, para. 8 and para. 9 of the Rules.
- When submitting claims for the payment of monetary sums in foreign currency, the proportional fee shall be calculated in accordance with the value of the claim in BGN on the basis of the Bulgarian National Bank’s exchange rate on the day of the submission of the Statement of Claim.
- A registration fee and proportional fee shall also be payable in the events when a Counterclaim has been submitted and a right to set-off has been claimed.
- In the event of an alternative or conditional joinder of claims in a single Statement of Claim against different persons, the proportional fees under para. 2 shall be payable with regard to the claims against each person.
- In the event of an increase of the claim, an additional proportional fee shall be payable in the amount under para. 2, and its size shall represent the difference between the paid fee, and the fee which is payable upon the value of the claim after the increase.
- In the event of an alternative or conditional joinder of claims in a single Statement of Claim against one person, a proportional fee for one claim shall be payable, which shall be calculated on the claim with the highest value.
- The fee for the consideration of a request for imposing interim measures under Art. 34 of the Rules shall be BGN 1
Article 2 Reimbursement of proportional fees
- Proportional fees paid under the terms of this Tariff shall not be reimbursed, except in the following cases:
а) When in accordance with the Rules, the dispute is resolved without conducting hearings with the participation of the parties, the parties shall be reimbursed 10% (ten per cent) of the proportional fees paid by them.
- b) When during the case hearing, but prior to the award making under Art. 36, para. 1 of the Rules, all parties to the case express their agreement that the decision shall not contain motives pursuant to Art. 36, para. 6 of the Rules, then each of the parties shall be reimbursed up to 30% (thirty per cent) of the proportional fees paid by them.
- c) When the arbitral award reproduces a settlement reached between the parties, which is presented to the Arbitral Tribunal prior to the award making, each of the parties shall be reimbursed up to 30% (thirty per cent) of the proportional fees paid by them for the consideration of the claims which are the subject of the settlement.
- d) When the main claim against a person is joined with a conditional claim against a third party, the decision upon which depends on the justifiability of the main claim, and the main claim has been found well-grounded with the arbitral award, and as a result the consideration of the conditional claim is not necessary, the party which submitted the conditional claim shall be reimbursed up to 30% (thirty per cent) of the proportional fee paid for its consideration.
- Regardless of the number of present preconditions under para. 1 within one case, the total amount of the sums to be reimbursed to a party to the case may not exceed 30% of the proportional fees paid by it.
- In the events when the proceedings have been terminated due to the withdrawal of one or more of the submitted claims or made set-off statements, or due to the lack of jurisdiction of the Arbitration Court, the proportional fees paid for the consideration of the corresponding claims and set-off statements, the proceedings upon which have been terminated, shall be reimbursed up to 30% (thirty per cent) depending on the moment when the waiver or withdrawal were made or the lack of jurisdiction was declared. When the withdrawal is made after the commencement of the award making in accordance with Art. 36, para. 1 of the Rules the fees paid shall not be reimbursed.
- Reimbursement of paid arbitration fees shall be rendered only if a request for such has been made by the corresponding party prior to the rendering of the arbitral award, respectively the ruling for termination. In the events of termination due to the lack of jurisdiction of the Arbitration Court, the Arbitration Council shall decide ex officio with regard to the reimbursement of the arbitration fees paid.
- The specific amount of the sum to be reimbursed in accordance with the previous paragraphs shall be determined by the Arbitration Council.
- The fees and costs payable by a party to the case may not be subject to set-off with reimbursable fees, pursuant to the previous paragraphs. Proportional fees shall not be reimbursed to a party which has not paid the full amount of the fees or costs for the proceedings.
Article 3 Other procedural fees
- Upon a request for issuing of a certified copy of a document contained within the file, a fee of BGN 5 shall be collected, and if the copy constitutes of more than one page, additional BGN 2 for each subsequent page shall be collected. For issuing of a certified copy of the arbitral award, the fee shall be BGN 50 for the first page and BGN 2 for each subsequent page.
- When upon a request by a party the Arbitral Tribunal takes out procedural actions outside the seat of the Arbitration Court, an additional fee of BGN 500 for each day per arbitrator shall be payable. The fee shall be payable in advance by the party which requests such an action.
Article 4 Advance on costs
- The sum of money required to cover the proceedings’ costs shall be determined by the Secretariat and after it has been constituted – by the Arbitral Tribunal which may correspondingly modify them according to circumstances. The sums shall be paid in advance by the parties, whereas the proportion of bearing the sums by the parties and the time limit for their advance payment shall be determined by the Secretariat, and after it has been constituted – by the Arbitral Tribunal. No action shall be taken prior to the receiving of a sufficient sum for covering the costs for it.
- When the remuneration of an arbitrator has been charged with value added tax, when appointing this arbitrator, a preliminary calculation of the size of the value added tax payable in accordance with the Tariff for the Remuneration of Arbitrators shall be made. The amount determined shall be paid in advance by the parties in accordance with para. 1.
- The parties shall pay the costs of the arbitrators for their participation in the case proceedings before the Court of Arbitration in the following way:
а) Travel costs equivalent to the following maximum amounts for roundtrip from the residential address indicated by the arbitrator to the venue of the hearing or to the place where other procedural action shall be taken:
- Air travel – the price of economy class ticket;
- Railway travel – the price of first class ticket;
- Bus travel – the price of the first class ticket;
- Personal car travel – the cost of ten litres of fuel per one hundred kilometres.
- b) Costs which cover hotel accommodation in a four star hotel and transport within the residential area.
Adopted on the basis of a Decision of the Board of Directors of the KRIB of 17.09.2014, amended on the basis of a Decision of the Board of Directors of the KRIB of 22.04.2015, in force from 22.04.2015.