Whether in arbitration or litigation, we conduct proceedings with true dedication to the cause of our clients, devising optimal trial strategy, and, in the course of its implementation, providing ability to organize and handle complex evidentiary records and powerful oral and written advocacy skills.
Arbitration
We provide advice and representation in all matters related to domestic and international arbitration.
More particularly, we:
- Negotiate and draft even complex arbitration clauses;
- Represent clients in arbitration proceedings;
- Represent clients in set aside proceedings and recognition and enforcement proceedings.
We are not just another firm that alongside its litigation practice participates in an arbitration from time to time. We handle arbitration matters on a regular basis, and we are the leading national law firm in the field. We have experience with arbitrations under the rules of arbitration of the Bulgarian Chamber of Commerce, ICC, ICSID and UNCITRAL.
Recent representative experience1
- As co-counsel with White & Case LLP, we successfully represented the Republic of Bulgaria in Plama Consortium Limited v. the Republic of Bulgaria. This ICSID arbitration involved a dispute arising under the Energy Charter Treaty and a bilateral investment treaty where the claim amounted to more than USD 300 million. In its final award, the Tribunal dismissed Claimant’s entire claim;
- As co-counsel, we successfully represented the claimant in an ICC arbitration involving a dispute related to earn-out payments arising out of share purchase agreement where the claim amounted to more than EUR 80 million;
- As co-counsel with White & Case LLP, we successfully represented the Republic of Bulgaria in the ICSID case Novera AD et al. v. the Republic of Bulgaria. The case involves a dispute arising out of waste management concession;
- As co-counsel, we successfully represented the respondent in an ICC arbitration involving a dispute regarding an alleged breach of contracts for sale of industry equipment. The claims against our client amounting to more than EUR 18 million were rejected;
- As co-counsel with Sidley Austin LLP, we successfully represented the Republic of Bulgaria in the UNCITRAL arbitration ST-AD GmbH v. the Republic of Bulgaria. The claims against our client amounting to more than EUR 50 million were rejected;
- As co-counsel with White & Case LLP, we successfully represented the Republic of Bulgaria in the ICSID case EVN AG v. the Republic of Bulgaria. The case involves a dispute related to electricity distribution and supply. The claims in the amount of more than EUR 800 million were completely rejected;
- As co-counsel, we represented a Croatian company in successful recognition and enforcement proceedings of an arbitral award of more than USD 1,5 million;
- As co-counsel with Arnold & Porter LLP, we successfully represented the Republic of Bulgaria in the ICSID case SGRF v. the Republic of Bulgaria;
- As co-counsel with White & Case LLP, we successfully represented the Republic of Bulgaria in the UNCITRAL arbitration regarding alleged expropriation where the claims amounted to EUR 60 million;
- As co-counsel with White & Case LLP, we represent the Republic of Bulgaria in the ICSID case Energo-Pro a.s. v. the Republic of Bulgaria. The case involves a dispute related to electricity distribution and supply;
- As co-counsel with Arnold & Porter LLP, we represent the Republic of Bulgaria in the ICSID case CEZ a.s v. the Republic of Bulgaria. The case involves a dispute related to electricity distribution and supply;
- As co-counsel with White & Case LLP, we represent the Republic of Bulgaria in the ICSID case ACF Renewable Energy Limited v. Bulgaria;
- As co-counsel with White & Case LLP, we represent the Republic of Bulgaria in the ICSID case Ramot and Levi v. the Republic of Bulgaria.
Litigation
We provide advice and representation in all matters related to commercial litigation.
We regularly appear before Bulgarian trial courts, appellate courts and the Supreme Court and have extensive experience with commercial cases decided by them.
In addition, we have extensive experience and expertise with issues unique to cross-border litigation, such as jurisdiction, service of process abroad, obtaining evidence abroad, parallel proceedings, and recognition and enforcement of foreign judgments. We have deep knowledge and regularly work with the Brussels I Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, Regulation (EC) No 1393/2007 on the Service in the Member States of Judicial and Extrajudicial Documents in Civil or Commercial matters, Council Regulation (EC) No 1206/2001 of 28 May 2001 on Cooperation between the Courts of the Member States in the Taking of Evidence in Civil or Commercial Matters, the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.
Recent representative experience
- The US Court of Appeals for the Second Circuit confirmed the decision of the US District Court for the Southern District of New York and dismissed the application of Zeevi Holdings Limited for confirmation of an UNCITRAL arbitral award of 2006 against Bulgaria. In the proceedings before the US federal courts, Mr. Lazar Tomov submitted expert opinion on points of Bulgarian law and legal system. The decisions of the US courts rely to a significant extent on his opinions.
- As co-counsel, we successfully represented a client in complex litigation arising out of share purchase agreement where the claims amounted to several million Bulgarian leva.
- We successfully represented the respondent in a complex litigation arising out of construction contract.
- We successfully represented a client in a complex litigation related to the validity and enforceability of a non-possessory pledge.
1 Article 8 (4) of the Ethical Rules of the Bulgarian Bar Association does not permit attorneys at law to disclose the names of their clients. We do not share the view that disclosing the names of our clients is unethical. Nevertheless, unlike other law firms, we follow the rule.